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Duke   University   Libraries 

Laws  of  the  sta 
Conf  Pam  12mo  #250 

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LAWS 


OF    THE 


STATE   OF  MISSISSIPPI 


PASSED  AT  A  CALLED  SESSION 


OF    THE 


MISSISSIPPI  LEGISLATURE, 


HELD    IN    THE 


CITY    OF   JACKSON,  JULY    1801 


jACKSoir,  0m 

».      BARUHLB,      8TATH    J>B(tfTftft 


THE 

WILLIAM  R.  PERKINS 

LIBRARY 

OF 
DUKE  UNIVERSITY 


Rare  Books 


i 


TABLE  OF  CONTENTS. 


CONSTITUTION"  from  page  9  to  29. 

CHAPTBR.  PAGE. 

I.— RESOLUTION  to  publish  an  ordinate  to  amend 
the  Constitution  of  the  State 
of  Mississippi  in  several  parti- 
culars      29 

II.— AN  ORDINANCE  to  amend  the  Constitution  of 

the  State  of  Mississippi  in 

several  particulars, 29 

III. — AN  ACT  to  extend  the  powers  and  to  confirm  the 
acts  of  the  Boards  of  County  Police 

in  certain  cases. 81 

IV.— MEMORIAL  to  the  Congress  of  the  Confederate 

States,... 34 

V.— RESOLUTION  requesting  our  Representatives  in 
Congress  to  secure  payment  of 

mail  contractors, 36 

VI.— AN  ACT  to  suspend  the  collection  of  the  Gulf 
and  Ship  Island  Railroad  tax,  and 

for  other  purposes, 36 

VIL— RESOLUTION  authorizing  Col. French  to  make 

test  of  improved  cannon  ball,     37 
VIII.— AN  ACT  for  the  relief  of  Charles  Toney  of 
Neshoba  county,  and  for  other  pur- 
poses,      37 

IX.— RESOLUTION  instructing  Board  of  Trustees  of 

State  University  relative  to 

adopting  a  system  of  Military 

instruction  in  said  University,    38 

X.— RESOLUTION  granting  leave  of  absence  to  SaniT 

M.  Meek, 38 

XI, — AN  ACT  to  authorize  the  investment  of  trust 
funds  in  the  securities  of  the  State, 

or  of  the  Confederate  States, 38 

XII— AN  ACT  to  authorize  Sheriffs,  Tax  Collectors, 
and  State  Treasurer,  to  receive  the 
Treasury  Notes  of  the  Confederate 
States  of  America  in  payment  of 
taxes  and  other  dues, 39 


4  TABLE   OF   CONTENTS. 

CHAPTEE.  PAGE. 

XHL — A  BILL  to  be  entitled  "An  act  to  define  the 
boundaries  of  the  town  of  Rodney," 

in  Jefferson  county, 39 

XIV.— AN  ACT  entitled  "An  act  to  prohibit  the  sale 

of  vinous  and  intoxicating  liquors 

in  the  town  of  Sarepta  in  Calhoun 

county,  and  in  one  mile  thereof,. . .     40 

XV,— AN  ACT  to  make  the  Statute  Laws  of  the  State 

applicable  to  the  Confederate  States,    41 
XVI. — AN  ACT  to  exempt  from  Military  duty  certain 
citizens  of  Harrison  county  during 

the  present  war, 42 

XVII. — AN  ACT  to  suspend  all  laws  making  appropri- 
ations to  the  Agricultural  Bureau 
and  Agricultural  Societies  during 

the  pendency  of  the  war, 42 

XVIII. — AN  ACT  to  control  the  funds  arising  from  the 
sale  of  runaway  slaves  in  Hinds 

county, 43 

XIX. — AN  ACT  to  provide  for  the  custody  and  pres- 
ervation of  the  records  and  Judi- 
cial proceedings  of  the  Circuit  and 
District  Courts  of  the  United  States 

in  this  State, . . 43 

XX. — AN  ACT  to  change  the  time  of  holding  the  Pro- 
bate Court  of  Wayne  county, 44 

XXL— AN  ACT  for  the  relief  of  the  Sureties  of  John 
M.  Girault,  late  Tax  Collector  of 
the  county  of  Claiborne, .........     44 

XXII. — AN- ACT  to  amend  an  ordinance  of  the  Con- 
vention of  Mississippi,  adopted 
the  23d  July  1861,  entitled  "An 
ordinance  to  regulate  the  Military 
System  of  the  State  of  Mississippi," 
and  also  an  ordinance  adopted  by 
the  said  Convention  on  the  30th 
of  March,  1861,  entitled  "An  ordi- 
nance to  authorize  the  Governor 
of  the  State  of  Mississippi  to  trans- 
fer Volunteers  to  the  service  of  the 
Confederate  States,"  and  for  other  ' 

purposes, 45 

XXIIL— AN  ACT  to  remove  the  civil  disabilities  of 
Joel  R.  Baugh,  a  volunteer  minor 
in  the  county  of  Covington, ....     46 


TABLE  OF   CONTENTS.  5 

CHAPTER.  PAGE. 

XXIV.— AN  ACT  to  reduce  the  salary  of  the  Adjutant 

General  of  this  State, 47 

XXV.— AN  ACT  to  change  the  time  of  Election  of 
School   Commissioners  in  Green 

county, 47 

XXVI.— AN  ACT  for  the  relief  of  J.  C.  Murray  and 

J.  W.  Doak, 47 

XXVIT. — AN  ACT  to  provide  additional  compensation 
to  the  Clerks  of  ,  the  Police 
Courts  of  De  Soto  and  Tunica 

counties, 48 

XXVIII.— AN  ACT  to  change  the  time  of  holding  the 
Probate  Court  of  Smith  coun- 
ty,       48 

XXIX. — AN  ACT  to  authorize  the  Commissioners  of 
the  Sixteenth  Section,  of  Town- 
ship 7,  Range  13,  east,  to  make 
titles  to  the  said  16th  Section,. .     49 
XXX.— AN  ACT  for  the  relief  of  Fanning  Jones  of 

Panola  county 49 

XXXI.— AN  ACT  to  remove  the  civil  disabilities  of 
Benjamin  P.  Herndon,  a  minor,  of 

Madison  county, £0 

XXXII.— AN  ACT  for  relief  of  Frederick  Brougher, 

of  Panola  county,  Mississippi,. . .. .  50 
XXXIII. — AN  ACT  to  repeal  the  act  incorporating 

the  town  of  Ocean  Springs, . .  51 
XXXIV. — AN  ACT  supplementary  to  an  act  entitled 
"An  act  to  amend  the  Charter 
of  Incorporation  of  the  Hazle- 
hurst  Male  and  Female  Insti- 
tute," approved  July  5,  I860,.  51 
XXXV.— AN  ACT  to  incorporate  the  De  Soto  Bridge 
Company,  and  for  other  pur- 
poses,      52 

XXXVI.— AN  ACT  to  amend  an  act  entitled  "An  act 
to  incorporate  the  Carroll  Co. 
Manufacturing  Company," ...     53 
XXXVII.— AN  ACT  to  ratify  a  contract  entered  into 

by  the  Mayor  and  Aldermen 
of  the  City  of  Jackson  and 

James  H.  Bowman, 54 

XXXVIII.— AN  ACT  to  amend  an  act  entitled  "An 

act  in  relation  to  Slaves,  Free 
Neoroes,  and  Mulattoes," ...     55 


6  TABLE   OF    CONTENTS. 

CHAPTER.  PAGE. 

XXXIX.— AN  ACT  to  amend  the 'Charter  of  the  City 

of  Jackson, 55 

XL.— AN  ACT  to  prohibit  the  sale  of  intoxicating  li- 
quors in  any  quantity  in  Beat  No.  17, 

in  the  county  of   Tippah,  and  for 

other  purposes, 56 

:XLL— AN  ACT.  for  the  relief,  of  .William  H.  Rogers. 

Assessor  of  Scott  county. '. '. 56 

XLII.— -AN  ACT  to  divide  the  State  of  Mississippi  in 

seven  Congressional  Districts, ...     57 
XLIIL— AN  ACT  for  the  relief  of  Evelina  M.  Ham- 

mett, ....:... ..  .  .     58 

XLIY. — AN  ACT  to  authorize  the  issuance  of  Patents 

for  Lands  in  certain  cases, ......     59 

XL V.— AN  ACT  to  amend  an  act  entitled  "An  act  to 
aid  in  repairing  and  perfecting  the 
Levee  of  the  Mississippi  River  in 
the  counties  of  DeSoto,  Tunica, 
Coahoma,  Bolivar,  Washington, 
and  Issaquena."  approved  Dec'r  2, 

1858, 60 

XLVI. — AN  ACT  to  incorporate  the  Marshall  County 

Manufacturing  Company,. ......     61 

XLVIL— AN  ACT  to  amend  an  act  entitled  "An  act 
to  regulate  the  Sale  of  Vinous 
and  Spirituous  Liquors  contain- 
tained  in  Chapter  20  of  the  Re- 
vised Code, 66 

XLVIII. — AN  ACT  to  punish  tampering  with  Slaves 
and  otherwise  amend  the  Crim- 
inal laws  of  this  State, 67 

XLIX. — AN  ACT  to  suspend  the  collection  of  the  ten 
cent  Levee  tax  in  certain  coun- 
ties,  68 

L. — AN  ACT  to  authorize  the  Boards  of  Police  of 
Tunica  and  Coahoma  counties  to  issue 
Scrip  in  payment'for  Levee  work,. . .     69 
LI. — AN  ACT  to  amend  the  Criminal  Laws  in  relation 

to  Adultery  and  Fornication, 70 

Lit— -AN  ACT  supplemental  to  "An  act  to  amend  the 

Charter  of  the  City  of  Jackson,. . .     71 
LUI* — AN  ACT  making  certain  appropriations  therein 

named, ..     11 


TABLE   OF    CONTENTS.  7 

CHAPTER.  PAGE. 

LIT. — A  BILL  to  be  entitled  an  act  to  suspend  the  ap- 
propriation for  the  Geological  Sur- 
vey of  this  State  during-  the  war  be- 
tween the  United  States  and  the 
Confederate  States  of  America,. ...     72 

LV. — AN  ACT  to  enable  Volunteer  Companies,  in  the 
service  of  the  Confederate  States,  to 
draw  the  amount  due  them  under  the 
13th  section  of  an  act  approved  Feb. 
10,  I860,  entitled  "An  act  further  to 
regulate  the  Militia  and  Volunteer 
System.". 73 

LV1. — AN  ACT  to  exempt  money  invested  in  Coufed- 
erate  or  State  Bonds  from  taxa- 
tion  • 78 

LVIL  AN  ACT  to  modify  the  Collection  Laws  of  this 

State 71 


CONSTITUTION 


OF    THE 


STATE  OF  MISSISSIPPI. 


Abtici.e     I.  Declaration  of  rights.       |§    V.  Executive  Department ;  militia. 
II.  Distribution  of  Powers,    j      VI.  Impeachments. 

III.  Legislative  Department,  j    VII.  General  provisions  ;  slaves. 

IV.  Judicial  Department         ]  Amending  Constitution ;  schedule. 


ARTICLE  I. 

DECLARATION    OF    RIGHTS. 

That  the  general,  great  and  essential  principles  of 

liberty  and  free  government  may  be  recognized 

and  established,  we  declare  : 

Section  1.     That  all  freemen,  when  they  form  a 
social  compact,  are  equal  in  rights  ;  and  that  no  E<Juall£y 
men,  or  set  of  men,  are  entitled  to  exclusive,  sepa-^  ri°^ 
rate  public  emoluments  or  privileges  from  the  com- 
munity, but  in  consideration  of  public  services. 

Sec.  2.  That  all  political  power  is  inherent  in 
thepeople,  and  all  free  governments  are  founded  on 
their  authority  and  established  for  their  benefit ; 
and,  therefore,  they  have,  at  all  times,  an  inalien- 
able and  indefeasible  right  to  alter  or  abolish  their 
form  of  government  in  such  manner  as  they  may 
think  expedient. 

C— 1 


2  CONSTITUTION   OF   MISSISSIPPI. 

Sec.  3.  The  exercise  and  enjoyment  of  religious 
profession  and  worship,  without  discrimination,  shall 
Keligious  forever  be  free  to  all  persons  in  this  State  :  Pro- 
worship,  vided,  That  the  right  hereby  declared  and  establish- 
ed shall  not  be  so  construed  as  to  excuse  the  acts 
of  licentiousness,  or  justify  practices  inconsistent 
with  the  peace  and  safety  of  the  State. 

Sec.  4.  No  preference  shall  ever  be  given  by 
law  to  any  religious  sect  or  mode  of  worship. 

Sec.  5.     That  no  person  shall  be  molested  for  his 

opinions  on  any  subject  whatever,  nor  suffer  any 

civil  or  political  incapacity,  or  acquire  any  civil  or 

political  advantage  in  consequence  of  such  opinions, 

except  in  cases  providec^for  in  this  constitution. 

^  Sec.  6.     Every  citizen  may  freely  speak,  write 

o/speedT  and  publish   his  sentiments  on  all  subjects,  being 

'  responsible  for  the  abuse  of  that  liberty. 

Sec.  7.  No  law  shall  ever  be  passed  to  curtail 
or  restrain  the  liberty  of  speech  or  of  the  press. 

Sec.  8.  In  all  prosecutions  or  indictments  for 
libel,  the  truth  may  be  given  in  evidence  ;  and  if  it 
Truth  to  shall  appear  to  the  jury  that  the  matter  charged  as 
be  given  libelous  is  true,  and  was  published  with  good  motives 
mevidnce  an(j  for  justifiable  ends,  the  party  shall  be  acquitted; 
secutions"  anc* tne  .lmT  SQa^  nave  ^ne  right  to  determine  the 
for  libel,   law  anc^  the  facts. 

Sec.  9.  That  the  people  shall  be  secure  in  their 
persons,  houses,  papers  and  possessions,  from  unrea- 
sonable seizures  and  searches  ;  and  that  no  warrant 
to  search  any  place,  or  to  seize  any  person  or  thing, 
shall  issue  without  describing  the  place  to  be 
searched,  and  the  person  or  thing  to  be  seized,  as 
nearly  as  may  be,  nor  without  probable  cause,  sup- 
ported by  oath  or  affirmation. 

Sec.  10.    That  in  all  criminal  prosecutions,  the 
accused  hath  a  right  to  be  heard  by  himself,  or 
counsel,  or  both  ;  to  demand  the  nature  and  cause 
T^e  a£cu'  of  the  accusation ;  to  be  confronted  by  the  witnesses 
heard  and  against  ^m  j  to  nave  a  compulsory  process  for  ob- 
convicted.  taining  witnesses  in  his  favor  ;  and,  in  all  prosecu- 
tions, by  indictment  or  information,  a  speedy  and 
public  trial  by  an  impartial  jury  of  the  country 
where  the  offence  was  committed  ;  that  he  cannot 
be  compelled  to  give  evidence  against  himself ;  nor 
can  he  be  deprived  of  his  life,  liberty  or  property, 
but  by  due  course  of  law. 


CONSTITUTION   OF   MISSISSIPPI.  3 

Sec.  11.  No  person  shall  be  accused,  arrested 
or  detained,  except  in  cases  ascertained  by  law,  and 
according  to  the  form  which  the  same  has  pre- 
scribed ;  and  no  person  shall  be  punished  but  in 
virtue  of  a  law  established  and  promulgated  prior 
to  the  offence,  and  legally  applied. 

Sec.  12.     That  no  person  shall,  for  an  indicta- 
ble offence,  be  proceeded  against  criminally    byProceed- 
inibrmation,  except  in  cases  arising  in  the  land  or  ingsin  in- 
naval  forces,  or  in  the  militia,  when  in  actual  ser-d*ctable 
vice,  or  by  leave  of  the  court,  for  misdemeanor  in  offences- 
office. 

Sec.  13.  No.person  shall,  for  the  same  offence, 
be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall 
any  person's  property  be  taken  or  applied  to  public 
use  without  the  consent  of  the  Legislature,  and 
without  just  compensation  being  first  made  therefor. 

Sec.  14.  That  all  courts  shall  open,  and  every 
person,  for  an  injury  done  him  in  his  lands,  goods, 
person  or  reputation,  shall'  have  remedy  by  due 
course  of  law,  and  right  and  justice  administered 
without  sale,  denial  or  delay. 

Sec.  15.  That  no  power  of  suspending  laws 
shall  be  exercised  except  by  the  Legislature  or  its 
authority. 

Sec.  16.     That  excessive  bail  shall  not  be  re-  Excessive 
quired,  nor  excessive  fines  imposed,  nor  cruel  pun-  bail, 
ishment  inflicted. 

Sec.  17.     That  all  prisoners  shall,  before  con- 
viction,  be  bailable  by  sufficient  securities,  except    A 
for  capital  offences,  where  the  proof  is  evident,  or  £  a  ^  e°a  s 
the  presumption  great ;  and  the  privilege  of  tire  corpus,*c. 
writ  of  habeas  corpus  shall  not  be  suspended,  un- 
less, when  in  a  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

Sec.  18.     That  the  person  of  a  debtor,  whenw  hen 
there  is  not  strong  presumption  of  fraud,  shall  not  debtor  not 
be  detained  in  prison  after  delivering  up  his  estate*0,  he  im- 
for  the  benefit  of  his  creditors,  in  such  a  manner  as  P1^011^- 
shall  be  prescribed  by  law. 

Sec.  19.  No  conviction  for  any  offence  shall 
work  corruption  of  blood  or  forfeiture  of  estate  ; 
the  Legislature  shall  pass  no  bill  of  attainder,  ex 
post  facto  law,  nor  law  for  impairing  the  oligation 
of  contracts. 
C— 2 


4  CONSTITUTION   OF   MISSISSIPPI. 

Sec.  20.     No  property  qualification  for  eligibil- 
ity to  office,  or  for  the  right  of  suffrage,  shall  ever 
be  required  by  law  in  this  State. 
T.        .       Sec.  21.     That  the  estates  of  suicides  shall  de- 
tat  es  ofscenc^  or  ves^  as  *u  cases   ®*  natural  death  ;  and  if 
suicides,    any  person  shall  be  killed  by  casuality,   there  shall 
be  no  forfeiture  by  reason  thereof. 

Sec.  22.     That  the  citizens  have  a  right,  in  a 
rjrj^  riaht peaceable  manner,   to  assemble  together   for  their 
of  petition  common  good  ;  and  to  apply  to  those  invested  with 
the  powers  of  government  for  redress  of  grievan- 
ces, or  other  purposes,  by  petition,  address  or  re- 
monstrance. 
Right  to     Sec.  23.     Every  citizen  has  a  right  to  bear  arms 
bear  arms  in  defence  of  himself  and  of  the  State. 

Sec.  24.  No  standing  army  shall  be  kept  up 
No  stand- without  the  consent  of  the  Legislature;  and  the 
ing  army,  military  shall,  in  all  cases  and  at  all  times,  be  in 
except,&c  strict  subordination  to  the  civil  power. 

Sec.  25.  That  no  soldier  shall,  in  time  of  peace, 
be  quartered  in  any  house  without  the  consent  ot 
the  owner,  or  in  time  of  war,  but  in  the  manner  to 
be  prescribed  by  law. 

Sec.  26.  That  no  hereditary  emoluments,  privi- 
leges or  honors  shall  ever  be  granted  or  conferred- 
in  this  State. 

Sec.  27.  Emigration  from  this  State  shall  not 
E  m  i  gra-  be  prohibited,  nor  shall  any  free  white  citizen  of 
tion,  &c.  this  State  ever  be  exiled  under  any  pretence  what- 
ever. 
T  r  i  al  by  ^EC.  ^*  ^ne  YlE^  °f  ^^1  by  jury  shall  remain 
jury,        inviolate. 

Sec.  29.  No  person  shall  be  debarred  from  pro- 
Prosecu-  secuting  or  defending  any  civil  cause  for  or  agaifist 
tion  o  fhim  or  herself,  before  any  tribunal  of  this  State,  by 
suits.        him  or  herself  or  counsel,  or  both. 

Sec.  30.     No  person  shall  ever  be  appointed  or 
Tenure  of  elected  to  any  office  in  this  State  for  life  or  during 
office.        g00Ci  behavor  ;  but  the  tenure  of  all  offices  shall 
be  for  some  limited  period  of  time,  if  the  person  ap- 
pointed  or   elected   thereto  shall   so    long  behave 
well. 


CONSTITUTION   OF   MISSISSIPPI.  5 

CONCLUSION. 

To  guard  against  transgressions  of  the  high 
power.-  herein  delegated,  we  declare  that  every- 
thing in  this  article  is  excepted  out  of  the  general 
powers  of  government,  and  shall  forever  remain 
inviolate  :  and  that  all  laws  contrary  thereto,  or  to 
the  following  provisions,  shall  he  void  : 

ARTICLE  II. 

DISTRIBUTION  OF    COWERS. 

Sec.  1.  The  powers  of  the  government  of  the 
State  of  Mississippi  shall  be  divided  into  three  dis-  D  istribu- 
tinct  departments,  and  each  of  them  confided  to  ation    o 
separate,  body- of  magistracy,  to-wit :  those  which  Powers- 
are  legislative  to   one,  those  which  are  judicial  to 
another,  and  those  which  are  executive  to  another. 

Sec.  2.  No  person,  or  collection  of  persons,  be- 
ing of  one  of  those  departments,  shall  exercise  any 
power  properly  belonging  to  either  of  the  others, 
except  in  the  instances  hereinafter  expressly  direc- 
ted or  permitted. 

ARTICLE  III. 

LEGISLATIVE  DEPARTMENT. 

Sec.  1.  Every  free  white  male  person  of  the 
age  of  twenty-one  years  or  upwards,  wTho  shall  be 
a  citizen  of  the  Confederate  States  of  America. 
and  shall  have  resided  in  this  State  one  year 
next  preeeeding  an  election,  and  the  last  four  Q u  alified 
months  within  the  county,  city  or  town,  in  which  electors- 
he  offers  to  vote,  shall  be  deemed  a  qualified  elec- 
tor :  and  any  such  qualified  elector,  who  may 
happen  to  be  in  any  county,  city  or  town,  other 
than  that  of  his  residence,  at  the  time  of  an  election, 
or  who  shall  have  removed  to  any  county,  city  or 
town  within  four  months  proceeding  the  election, 
from  any  county,  city  or  town,  in  which  he  would 
have  been  a  qualified  elector  had  he  not  so  removed 
may  vote  for  any  State  or  district  officer,  or  mem- 
ber of  Congress,  for  whom  he  could  have  voted  in 
the  county  of  his  residence,  or  the  county,  city  or 
town  from  which  he  may  have  so  removed, 


6  CONSTITUTION  OF  MISSISSIPPI. 

Sec.  2.  Electors  shall,  in  all  cases  except  in  those 
of  treason,  felony,  or  breach  of  the  peace,  be  privi- 
Electors.   hedged  from  arrest  during  their  attendance  on  elec- 
tions, and  going  and  returning  from  the  same. 

Sec.  3.  The  first  elections  shall  be  by  ballot, 
and  all  future  elections  by  the  people  shall  be  regu- 
lated by  law. 

Sec.  4.  The  legislative  powers  of  this  State  shall 
be  vested  in  two  distinct  branches  :  the  one  to  be 
styled  "the  "Senate,"  the  other,  "the  House  of  Rep- 
resentatives," and  both  together  "the  Legislature  of 
the  State  of  Mississippi  f  and  the  style  of  their 
laws  shall  be,  uBe  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi. 

Sec.  5.  The  members  of  the  House  of  Repre- 
sentatives shall  be  chosen  by  the  qualified  electors, 
and  shall  serve  for  the  term  of  two  years,  from  the 
day  of  the  commencement  of  the  general  election, 
and  no  longer. 

Sec.  6.  The  representatives  shall  be  chosen 
every  two  years,  on  the  first  Monday  and  day  fol- 
lowing in  November. 

Sec.  7.  No  person  shall  be  a  representative  un- 
less he  be  a  citizen  of  the  Confederate  States  of 
Qualifica-  America,   and  shall  have   been   an   inhabitant   of 
tions.        this   State   two   years  next   proceeding  his   elec- 
tion, and  the  last  year  thereof  a  resident  of  the 
county,  city  or  town  for  which  he  shall  be  chosen, 
and  shall  have  attained  the  age  of  twenty-one  years. 
Sec.  8.  Elections  for    representatives    for    the 
E  lections  several  counties  shall  be  held  at  the  places  of  hold- 
where  to  ing  their  respective  courts,  or  in  the  several  election 
be  held,     districts  into  which  the  county  may  b-   divided  ; 
Provided,  that  when  it  shall  appear  to  the  legisla- 
ture that  any  city  or  town  has  a  number  of  free 
Whe  n  a  wn^e  inhabitants  equal  to  the  ratio  then  fixed,  such 
town  or  city  or  town  shall  have  a  separate  representation, 
city  enti-  according  to  the  number  of  free  white  inhabitants 
tledtosep  therein,  which  shall  be  retained  so  long  as  such  city 
arate  rep-  or  town  shall  contain  a  number  of  free  white  in- 
tion  6n  a"  habitants  equal  to  the  existing  ratio,  and  thereafter, 
and  during  the  existence  of  the  right  of  separate  rep- 
resentation in  such  city  or  town,  elections  for  the 
county  in  which  such  city  or  town,  entitled  to  sepa- 
rate representation,  is  situated,  shall  not  be  held  in- 
such  city  or  town  :  And  provided,  that  if  the  residu- 


CONSTITUTION  OF  MISSISSIPPI.  7 

um  or  fraction  of  any  city  or  town,  entitled  to  sepa- 
rate representation,  shall,  when  added  to  the  residu-  Residuum 
um  in  the  county  in  which  it  may  lie,  be  equal  to  the  &c. 
ratio  fixed  by  law  for  one  representative,  then  the 
aforesaid  county,  city  or  town,  having  the  largest 
residuum,  shall  be  entitled  to  such  representation  : 
And  provided,  also,  That  when  there  are  two  or 
more  counties  adjoining,  which  haveresiduums  over 
and  above  the  ratio  then  fixed  by  law  if  silch  resi- 
duum s,  when  added  together,  will  amount  to  such 
ratio,  in  that  case  one  representative  shall  be  ad- 
ded to  that  county  having  the  largest  residuum. 

Sec.  9.     The  Legislature  shall,  at  their  first  ses- 
sion, and  at  periods  of  not  less  than  every  four,  nor  Enmnera- 
more  than  every  six  years,  until  the  year  1845,  and  tion    and 
thereafter  at  periods  of  not  less  than  every  four  nor  apportion- 
more  then  every  eight  years,  cause  an  enumeration  ment. 
to  be  made  of  all  the  free  white  inhabitants  of  this 
State,  and  the  wholenumber  of  representatives  shall 
at  the  several  periods  of  making  such  enumeration, 
be  fixed  by  the  Legislature  and  apportioned  among 
the  several  counties,  cities  or  towns  entitled  to  sep- 
arate representation,  according  to  the  number  of 
free  white  inhabitants  in  each,  and  shall  not  be  ^e?sofUreDre- 
than  thirty-six  nor  more  than  one  hundred  :  Provi- sentatives 
ded,  however,  That  each  county   shall    always  be 
entitled  to  at  least  one  representative. 

Sec.  .10.  The  whole  number  of  senators  shall, 
at  the  several  periods  of  making  the  enumeration 
before  mentioned,  be  fixed  by  the  Legislature,  and 
apportioned  among  the  several  districts  to  beSenators> 
established  by  law,  according  to  the  number  of  free 
white  inhabitants  in  each,  and  shall  never  be  less 
than  one-lburth  nor  more  than  one-third  of  the 
whole  number  of  representatives. 

Sec.  11.  The  senators  shall  be  chosen  by  the 
qualified  electors  for  four  years,  and  on  their  being  Number, 
convened  in  consequence  of  the  first  election,  they  &c. 
shall  be  divided  by  lot  from  their  respective  dis- 
tricts into  two  classes,  as  nearly  equal  as  can  be, 
and  the  seats  of  the.senators  of  the  first  class  shall 
be  vacated  at  the  expiration  .of  the  second  year. 

Sec.  12.  Such  mode  of  classifying  new  addition-  IIow  cj10- 
al  senators  shall  be  observed  as  will  as  nearly  aspos-sen  an(j 
sible  preserve  an  equality  of  members  in  eacli  class,  classified. 


8  CONSTITUTION   OF   MISSISSIPPI. 

Sec.  13.  When  a  senatorial  district  shall  be 
composed  of  two  or  more  counties,  it  shall  not  be 
entirely  separated  by  any  county  belonging  to 
another  district,  and  no  county  shall  be  divided  in 
forming  a  district. 

Sec.  14.  No  person  shall  be  a  senator  unless  he 
Qualifica-  foe  a  citizen  of,  the  Confederate  States  of  America, 

Senators  lul  shaI1  nave  been  an  "habitant  of  this  State  for 
four  years  next  preceding  his  election,  and  the  last 
year  thereof  a  resident  of  the  district  for  which  he 
he  shall  be  chosen,  and  have  attained  the  age  of 
thirty  years. 

Sec.  15.     The  House  of  Representatives,  when 
assembled,  shall  choose  a  speaker  and  its  other  of- 
Speakerofncei,sJ  an(l  tne  Senate  shall  choose  a  president  and 
the  House  its  officers,  and  each  house  shall  judge  of  the  quali- 
and  other  fications  and  elections  of  its  own  members,  but  a 
officers,      contested  election  shall  be  determined  in  such  man- 
ner as  shall  be  directed  by  law.     A  majority  of  each 
house  shall  constitute  a  quorum  to  do  business,  but 
a  smaller  number  may  adjourn  from  day  to  day,  and 
may  compel  the  attendance  of  absent  members,  in 
such  manner  and  under  such  penalties  as  each  house 
may  provide. 
Powers      ^EC-  16.     Each  house  may  determine  the  rules  of 
o  f  e  a  c  h  its  own  proceedings,  punish  members  for  disorderly 
house.       behavior,  and,  with  the  consent  of  two-thirds,  expel 
a  member,  but  not  a  second  time  for  the  same  cause; 
and  shallhaveall  other  powers  necessary  for  a  branch 
of  the  legislature  of  a  free  and  independent  State. 
Sec.  17.     Each  house  shall  keep  a  journal  of  its 

T  .  proceedings,  and  publish  the  same;  and  the  yeas  and 

J  o  u  rnals  n  ,-P  -, r        e     • ,  i        ,     '  * 

of  yeasliays  members  of  either  house,  on  any  ques- 

and  nays,  tion,  shall,  at  the  desire  of  any  three  members  pres- 
ent, be  entered  on  the  journal. 

Sec.    18.     When    vacancies   happen   in   either 
Vacancies  house,  the  Governor,  or  the  person  exercising  the 
powers  of  the  Governor,  shall  issue  writs  of  elec- 
tions to  fill  such  vacancies. 

Sec.  19.  Senators  and  Representatives  shall,  in 
all  cases,  except  of  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  the  session 
Privileged  of  the  legislature,  and  in  going  to  and  returning 
from  ar-fr0m  the  same,  allowing  one  day  for  every  twenty 
rest;  ex-mj]es  m(^  member  may  reside  from  the  place  at 
cep  10n'     which  the  legislature  is  convened. 


CONSTITUTION    OF   MISSISSIPPI.  9 

Sec.  20.  Each  house  may  punish,  by  imprison- 
ment during-  the  session,  any  person,  not  a  member, 
for  disrespectful  or  disorderly  behavior  in  its  pres- 
ence, qt  for  obstructing  any  of  its  proceedings  : 
Provided,  such  imprisonment  shall  not,  at  any  one 
time,  exceed  forty-eight  hours. 

Si-:c.  21 .  The  doors  of  each  house  shall  be  open, 
except  on  such  occasions  of  great  emergency  as,  in 
the  opinion  of  the  house,  may  require  secrecy. 

Sec.  '22.  Neither  house  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  tl icy  may 
be  sitting. 

Sf:c.  23.  Bills  may  originate  in  either  house,  and 
be  amended,  altered  or  rejected  by  the  other,  but  no 
bill  shall  have  the  force  of  a  Jaw  until,  on  three  sev- 
eral days,  it  be  read  in  each  house,  ami  free  discus- 
sion lie  allowed  thereon,  unless  four-fifths  of  the 
house  in  which  the  bill  shall  be  pending  may  deem 
it  expedient  to  dispense  with  this  rule  ;  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by 
the  speaker  and  president  of  their  respective  houses. 

Sec.  24.  All  bills  for  raising  revenue  shall  origi- 
nate in  the  House  of  Representatives,  but  the  Sen- 
ate may  amend  or  reject  them,  as  other  bills. 

Sec.  25.     Each  member  of  the  legislature  shall 
receive,  from  the  public  treasury,  a  compensation  for  Compen- 
his  services,  which  may  be  increased  or  diminished  j?tl0n  ° 
by  law,  but  no  increase  of  compensation  shall  take  bersmCm" 
effect  during  the  session  at  which  such  increase  shall 
have  been  made. 

Sec.  26.     No  senator  or  representative  shall 
during  the  term  for  which  he  shall  have  been  elected, 
nor   for  one  year   thereafter,  be   appointed  to  any 
civil  office  of  profit  under   the  State,  which  shall M  e  mbers 
have  been  created,  or  the  emoluments  of  which  shall  j\ot  eligjf 
have  been  increased  during  such  term,  except  such  fi(fe  °  ° " 
offices  as  may  be  filled  by  elections  by  the  people  ; 
and  no  member  of-  either  house  of  the  legislature 
shall,  after  the  commencement  of  the  first  session  of 
the  legislature  after  his   election,  and  during  the 
remainder  of  the  term  for  which  he  is  elected,  be 
eligible  to  any  office  or  place,  the   appointment  to 
which  may  be  made,  in  whole  or  in  part,  by  either  ■  m 
branch  of  the  legislature. 


10  CONSTITUTION  OF   MISSISSIPPI. 

Sec.  27.     No  judge  of  any  court  of  law  or  equity, 
Officers  secretary  of  state,  attorney-general,  clerk  of  any 
not   eligi-  court  of  record,  sheriff  or  collector,  or  any  person 
ble  to  leg-  holding  a  lucrative  office  under  the  laws  of  the 
islature.     q  ,nfederate   States  of  America,  or  of  this   State, 
shall   be  eligible   to   the  legislature :     Provided, 
That  officers  in  the  militia,   to    which   there  is 
attached  no  annual  salary,  and  the  office  of  the  jus- 
tice of  the  peace,  shall  not  be  deemed  lucrative. 
Sec.  28.     No  person  who  has  heretofore,  or  here- 
T)  f    lte  s  a^er'  ^een  a  collector  or  holder  of  public  moneys, 
shall  have  a  seat  in  either  house  of  the  legislature 
until  such  person  shall  have  accounted  for,  and  paid, 
into  the  treasury,  all  sums  for  which  he  may  be 
accountable. 

Sec.  29.     The  first   election  for   senators  and 

representatives   shall   be  general   throughout   the 

First  elec-  State,  and  shall  be  held  on  the  first  Monday,  and 

tion,when  day  following,  in  November,  1833  ;  and  thereafter 

holden.      there  shall  be  biennial  elections  for  senators  to  fill 

the  places  of  those  whose  term  of  service  may  have 

expired. 

Sec.  30.  The  first  and  all  future  sessions  of  the 
legislature  shall  be  held  in  the  town  of  Jackson,  in 
~  ,  f  the  county  of  Hinds,  until  the  year  1850.  During 
govemm't  ^ne  ^rs*  sessi°n  thereafter,  the  legislature  shall  have 
power  to  designate,  by  law,  the  permanent  seat  of 
government :  Provided,  however \  That  unless  such 
designation  be  then  made  by  law,  the  seat  of  govern- 
ment shall  continue  permanently  at  the  town  of 
Jackson.  The  first  session  shall  commence  on  the 
third  Monday  in  November,  in  the  year  1833;  and 
in  every  two  years  thereafter,  at  such  time  as  may 
be  prescribed  by  law. 

Sec.  31.  The  governor,  secretary  of  state,  treas- 
urer, auditor  of  public  accounts  and  attorney-general 
shall  reside  at  the  seat  of  government. 

ARTICLE  IY. 

JUDICIAL  DEPARTMENT. 

Sec.  1.     The  judicial  power  of  the  State  shall 

Judicial^  vestecl  in  one  n^n  court  °^  errors  an4  aPPeaH 

power.      and   such  other  courts  of  law  and  equity  as  ar« 

hereafter  provided  for  in  this  constitution. 


CONSTITUTION  OF   MISSISSIPPI.  11 

Sec.  2.    The  high  court  of  errors  and  appeals 
shall  consist  of  three  judges,  any  two  of  whom  shall  High  co'rt 
form  a  quorum.     The  legislature  shall  divide  the  o  f  errors 
State  into  three  districts,  and  the  qualified  electors  a  n  d  aP~ 
of  each  district  shall  elect  one  of  said  judges  for  peals* 
the  term  of  six  years. 

Sec.  3.     The  office  of  one  of  said  judges  shall  £0uwdefe^ 
be  vacated  in  two  years,  and  one  in  four  years, ed  term 
and  one  in  six  years — so  that,  at  the  expiration  of  ofomce. 
every  two  years,  one  of  said  judges  shall  be  elected, 
as  aforesaid. 

Sec.  4.     The  high  court  of  errors  and  appeals  j  u  risdic_ 
shall  have  no  jurisdiction  but  such  as  properly  be-  tion. 
longs  to  a  court  of  errors  and  appeals. 

Sec.  5.  All  vacancies  that  may  occur  in  said 
court,  from  death,  resignation,  or  removal,  shall  be  y^^^^ 
llled  by  election  as  aforesaid  :  Provided,  however. 
That  if  the  unexpired  term  do  not  exceed  one  year, 
the  vacancy  shall  be  filled  by  executive  appoint- 
ment. 

Sec.  6.     No  person  shall  be  eligible  to  the  office 
of  judge  of  the  high  court  of  errors  and   appeals,  Where 
who  shall  not  have  attained,  at  the  time  of  his  clec-  holden. 
tion,  the  age  of  thirty  years. 

Sec.  7.  "  The  high' court  of  errors  and  appeals 
shall  be  held  twice  in  each  year,  at  such  place  as  First  elec- 
the  legislature  shall  direct,  until  the  year  eighteen  tion. 
hundred  and  thirty-six,  and  afterwards  at  the  seat 
of  government  of  the  State. 

Sec.  8.  The  secretary  of  state,  on  receiving  all 
the  official  returns  of  the  first  election,  shall  pro- 
ceed forthwith,  in  the  presence  and  with  the  assis-  rperm  £ 
tance  of  two  justices  of  the  peace,  to  determine,  by  0fgce> 
lot,  among  the  three  candidates  having  the  highest 
number  of  votes,  which  of  said  judges  shall  serve 
for  the  term  of  two  years,  which  shall  serve  for  the 
term  of  four  years,  and  which  shall  serve  for  the 
term  of  six  years  ;  and,  having  so  determined  the 
same,  it  shall  be  the  duty  of  the  Governor  to  issue 
commissions  accordingly. 

Sec.  9.     No  judge  shall  sit  on  the  trial  of  any  when 
cause  when  the  parties  or  either  of  them  shall  be  judge  dis- 
connected with  him  by  affinity  or  consanguinity,  or  qualified, 
when  he  may  be  interested  in  the  same,  except  by 
consent  of  the  judge  and  of  the  parties  ;  and  when- 


12  CONSTITUTION  OF   MISSISSIPPI. 

ever  a  quorum  of  said  court  arc  situated  as  aforesaid, 
the  Governor  of  the  State  shall  in  such  case  es- 
pecially commission  two  or  more  men  of  law  knowl- 
edge, for  the  determination  thereof. 

Sec.  10.     The  judges  of  said  court  shall  receive 
for  their  services  a  compensation  to  be  fixed  by  law, 
Salaries.    which  shall  not  be  diminished  during  their  contin- 
uance in  office. 

Sec.  11.  The  judges  of  the  circuit  court  shall 
Judges  of  be  elected  by  the  qualified  electors  of  each  judicial 
circu  it  district,  and  hold  their  offices  for  the  term  of  four 
court.        years,  and  reside  in  their  respective  districts. 

Sec.  12.     No  person  shall  be  eligible  to  the  of- 
fice of  judge  of  the  circuit  court,  who  shall  not  at 
Qualifica-  the  time  of  his  election,   nave  attained  the  age  of 
tions.        twenty -six  years. 

Sec.  IB.     The  State  shall  be  divided  into  conve-. 
Circuits.    nient  districts,  and  each  district  shall  contain  not 
less  than  three  nor  more  than  twelve  counties. 
Sec.  14.     The  circuit  courts  shall  have  original 
J  urisdic-  jurisdiction  in  all  matters,  civil  and  criminal,  with- 
tion,  &c.   in  this  State  ;  but  in  civil  cases  only  when  the  princi- 
pal of  the  sum  in  controversy  exceeds  fifty  dollars. 
Sec.  15.     A  circuit  court  shall  be  held  in  each 
county  of  this  State,  at   least  twice  in  each  year  ; 
and  the  judges  of  said  court  shall  interchange  cir- 
Chancery  cuits  with  each  other,  in  such  manner  as  may  bepre- 
courts.      scribed  by  law,  and  shall  receive  for  their  services 
a  compensation  to  be  fixed  by  law,  which  shall  not 
be  diminished  during  their  continuance  in  office. 
♦  Sec.  10.     A  separate  superior  court  of  chancery 
shall  be  established,  with  full  jurisdiction  in  all  mat; 
J  urisdic-  *ers  °**  e(lu^y  :  Provided,  hoivever,  The  legislature 
ti0D>         may  give  to  the  circuit  courts  of  each  county  equity 
jurisdiction  in  all  cases  where  the  value  of  the  thing 
or  the  amount  in  controversy  does  not  exceed  five 
hundred  dollars ;  also,  in  all  cases  of  divorce,  and 
for  the  foreclosure  of  mortgages.     The  chancellor 
shall  be  elected   by   the  qualified   electors  of  the 
whqle  State,  for  the  term  of  six  years,  and  shall  be 
at  least  thirty  years  old  at  the  time  of  his  election. 
Sec.  17.   'The  style  of  all  process  shall  be  "The 
Stateof  Mississippi/''  and  all  prosecutions  shall  be 
Style    o  f  earned  on  in   the   name   and   by  the  authority  of 
process.     •<  The, State  of  Mississippi,"   and  shall  conclude, 
"against  the  peace  and  dignity  of  the  same." 


CONSTITUTION   OF   MISSISSIPPI.  13 

Sec.  18.     A   court   of  probates  shall  be  estab- 
lished in  each  county  of  the  State,  with  jurisdiction  P  ro  bate 
in  all  matters  testamentary,  and  of  administration  court. 
in  orphans'  business,  and  the  allotment   of  dower, 
in  cases  of  idiocy  and  lunacy,   and  of  persons  non  J  u  "°dic- 
compos  mentis.     The  judge  of  said  court  shall  be  tl0n' 
elected  by  the   qualified   electors  of  the  respective 
counties,  for  the  term  of  two  years. 

Sec.  19.  The  clerk  of  the  high  court  of  errors 
and  appeals  shall  be  appointed  by  the  said  court,  for  Clerks. 
the  term  of  four  years  ;  and  the  clerks  of  the  pro- 
bate and  other  inferior  courts,  shall  be  elected  by 
the  qualified  electors  of  the  respective  counties,  and 
shall  hold  their  offices  for  the  term  of  two  years. 

Sec.  20.  The  qualified  electors  of  each  county 
shall  elect  five  persons,  for  the  term  of  two  years,  p°f 
who  shall  constitute  a  board  of  police  for  each 
county,  a  majority  of  whom  may  transact  business; 
which  body  shall  have  full  jurisdiction  over  roads, 
highways,  ferries  and  bridges,  and  all  other  matters 
of  count}'  police  ;  and  shall  order  all  county  elec- 
tions, to  fill  the  vacancies  that  may  occur  in  the  of- 
fices of  their  respective  counties.  The  clerk  of 
the  court  of  probate  shall  be  the  clerk  of  the  board 
of  police. 

Sec.  21.     No  person  shall  be  eligible  as  a  mem-  q  ualifica- 
ber  of  said  board,  who  shall   not  have  resided  one  tion. 
year  in  the  county  ;  but  this  qualification  shall  not 
extend  to  such  new  counties  as   may  hereafter  be 
established,  until  one  year  after  their  organization:  Va^n^ 
and  all  vacancies  that    may  occur,  in    said   board 
shall  lie  supplied  by  election  as  aforesaid  to  fill  the 
unexpired  term. 

Sec.  22.     The  judges  of  all  the  courts  of  this 
State,   and  also  the   members  of  the  board  of  the  Conserva- 
county  police,  shall  in  virtue  of  their  offices,  be  con- tors  of  the 
servators  of  the  peace,  and  shall  be.  by  law,  vested  pea 
with  ample  powers  in  this  respect.  P         , 

Sec.  28.     A  competent  number  of  justices  of  the  ^es 
peace  and  constables  shall  be  chosen  in  each  county 
by  the  qualified  electors  thereof,  by  districts,  who 
shall  hold   their  offices  for  the  term  of  two  years  • 
the  jurisdiction  of  justices  of  the  peace  shall  be  lim-0  "s   *™* 
ited  to  causes  in  which  the  principal  of  the  amount  peace. 
in  controversy  shall  not  exceed  fifty  dollars  :  in  all 


14 


CONSTITUTION   OF   MISSISSIPPI. 


Inferior. 


Attorney- 
General. 


Contested 
elections. 


Ju  dges, 
how  re- 
moved. 


Offic  ers, 
indicted. 


causes  tried  by  justices  of  the  peace,  the  right  of 
appeal  shall  be  secured,  under  such  rules  and  regu- 
lations as  shall  be  prescribed  by  law. 

Sec.  24.  The  legislature  may,  from  time  to  time 
establish  such  other  inferior  courts  as  may  be  deem- 
ed necessary,  and  abolish  the  same  whenever  they 
deem  it  expedient. 

Sec.  25.  There  shall  be  an  Attorney-General 
elected  by  the  qualified  electors  of  the  State,  and  a 
competent  number  of  district  attorneys  shall  be 
elected  by  the  qualified  voters  of  their  respective 
districts  ;  whose  compensation  and  term  of  service 
shall  be  prescribed  by  law. 

Sec.  26.  The  legislature  shall  provide,  by  law, 
for  determining  contested  elections  of  judges  of  the 
high  court  of  errors  and  appeals,  of  the  circuit  and 
probate  courts,  and  other  officers. 

Sec.  27.  The  judges  of  the  several  courts  of 
this  State,  for  wilful  neglect  of  duty  or  other  reason- 
able cause,  shall  be  removed  by  the  governor,  on  the 
address  of  two-thirds  of  both  houses  of  the  legisla- 
ture ;  the  address  to  be  by  joint  vote  of  both  houses. 
The  cause  or  causes  for  which*  such  removal  shall 
be  required,  shall  be  stated  at  length  in  such  ad- 
dress, and  on  the  journals  of  each  house.  The  judge 
so  intended  to  be  removed,  shall  be  notified  and 
admitted  to  a  hearing  in  his  own  defense,  before 
the  vote  for  such  address  shall  pass  ;  the  vote  on 
such  address  shall  be  taken  by  the  yeas  and  nays, 
and  entered  on  the  journals  of  each  house. 

Sec.  28.  Judges  of  probate,  clerks,  sheriffs,  and 
other  county  officers,  for  the  wilful  neglect  of  duty, 
or  misdemeanor  in  office,  shall  be  liable  to  present- 
ment or  indictment  by  a,  grand  jury,  and  trial  by  a 
petit  jury  ;  and,  upon  conviction,- shall  be  removed 
from  office. 


ARTICLE  V. 


executive  department. 


Sec.  1.    The  chief  executive  power  of  this  State 
Governor,  ghaii  be  vested  in  a   Governor,  who  shall    hold 
JS£ire      his  office  for  two  years  from  the  time  of  his  in- 
stallation. 


office. 


CONSTITUTION   OF   MISSISSIPPI.  15 

Sec.  2.  The  Governor  shall  be  elected  by  the 
qualified  electors  of  the  State.  The  returns  of  every  Howelec 
election  for  governor  shall  be  sealed  up  and  trans-  ted. 
raitted  to  the  seat  of  government,  directed  to  the 
Secretary  of  State,  who  shall  deliver  them  to  the 
speakc^of  the  House  of  Representatives  at   the 
next  ensuing  session  of  the  legislature,  during  the 
first  week  of  whicli  session  the  said  speaker 'shall 
open   and   publish   them   in   the  presence  of  both 
houses  of  the  legislature.     The  person  having  the 
highest  number  of  votes  shall  be  Governor  ;  but  if 
two  or  more  shall  be   equal,  and  highest  in  votes, 
then  one  of  them  shall  be  chosen  Governor  by  the  rw00f*,i 
joint  ballot  of  both  houses  of  the  legislate.  Con-  e  l  e  c  tton 
tested  election  for  Governor  shall  be  determined  for   Gov- 
by  both  houses  of  the  legislature  in  such  manner  as  ernor. 
prescribed  by  law. 

Sec.  3.  The  Governor  shall  be  at  least  thirty 
years  of  age,  shall  have  been  a  citizen  of  some 
one  of  the  States  composing  the  Confederate  States 
of  America,  for  twenty  years,  and  shall  have  resi-  n  „r,  , 
ded  in  this  State  at  least  five  years  next  preced-  tion, 
mg  the  day  of  his  election,  and  shall  not  be  capa- 
ble  of  holding  the  office  more  than  four  years  in 
any  term  of  six  years. 

Sec.  4.  He  shall  at  all  times  receive  for  his  ser-  n 
vices  a  compensation,  which  shall  not  be  increased  ^inT"1 
or  diminished  during  the  term  for  which  he  shall  be 
elected. 

Sec.  5.  He  shall  be  commander-in-chief  of  thedeTTn- 
army  and  navy  of  this  State,  and  of  the   militia,  Chief, 
except  when  they  shall  be  called  into  the  service 
of  the  Confederate  States  of  America. 

Sec.  6.  He  may  require  information,  in  writing, 
from  the  officers  in  the  executive  department,  on 
any  subject  relating  to  the  duties  of  their  respec- 
tive offices. 

Sec.  1    He  may  in  cases  of  emergency,  convene  ftftVPrT1,r 
the  Legislature  at  the  seat  of  government,  or  at  ato  cTn 
different  place,  if  that  shall  have  become,  since  their  veiie  and 
last  adjournment,  dangerous  from  an  enemy  or  from  a  d  j  o  urn 
disease  ;  and  in  case  of  disagreement  between  the the  leS«- 
two  houses  with  respect  to  the  time  of  adjournment  lature' 
adjourn  them  to  such  time  as  he  shall  think  proper' 
not  beyond  the  day  of  the  next  stated  meeting  of 
the  Legislature, 


16  CONSTITUTION    OF    MISSISSIPPI. 

Sec.  8.  He  shall,  from  time  to  time,  give  to  the 

Duty  o f  Legislature  information  of  the  state  of  thegovern- 

Governor.  ment,  and  recommend  to  their  consideration  such 

measures  as  he  may  deem  necessary  and  expedient. 

Sec.  9.  He  shall   take   care  that   the  laws  bt 

faithfully  executed. 

Sec.  10.  In  all  criminal  and  penal  cases,  except 
in  those  of  treason  and  impeachment,  he  shall  have 
power  to  grant   reprieves  and  pardons,  and  remit 
Power  of  gneg;  aiK]  jn  cases  0f  forfeiture,  to  stay  the  collec- 
tfoveraor.  ^Qn  imt]-j  ^  ^  0f  the  next  session  of  the  Legis- 
lature, and  to  remit  forfeitures  by  and  with  the  ad- 
vice and  consent  of  the  Senate.  In  cases  of  treason, 
he  shall  have  poAver  to  grant  reprieves  by  and  with 
the  advice  and  consent  of  the  Senate,  but  may  re- 
spite the  sentence  until  the  end  of  the  next  session 
of  the  Legislature. 
Commis-      ^EC-  H-  ^  commissions  shall  be  in  the  name 
sions.        and  by  the  authority  of  the  State  of  Mississippi,  be 
sealed  with  the  great  seal,  and  signed  by  the  Gov- 
ernor, and  be  attested  by  the  Secretary  of  State. 
Seal    of     ^EC-  !-•  There   shall  be  a  seal   of  this   State, 
the  State,  which  shall  be  kept  by  the  Governor,  and  used  by 
him  officially,  and  shall  be  called  the  Great  Seal  of 
the  State  of  Mississippi. 

Sec.  13.  All  vacancies  not  provided  for  in  this 
Constitution,  shall  be  filled  in  such  manner  as  the 
Legislature  may  prescribe. 

Sec.  14.  The  Secretary  of  State  shall  be  elected 
^fetary  by  the  qualified  electors  of  the  State,  and  shall  con- 
0  tinue  in  office  during  the  term  of  twoyears.  He  shall 

keep  a  fair  register  of  all  the  official  acts  and  pro- 
ceedings^ the  Governor,  and  shall,  when  required, 
lay  the  same,  and  all  papers,  minutes  and  vouchers 
relative  thereto,  before  the  Legislature,  and  shall 
perform  other  duties  as  may  be  required  of  him  by  law. 
Sec.  1").  Every  bill  which  shall  have  passed 
both  houses  of  the  Legislature,  shall  be  presented  to 
Governor  the  Governor  :  if  he  "approve,  he  shall  sign  it,  but 

reTu  r°nif  not'  he  slia11  return  jt>  witu  3l3ri  objections,  to  the 
bills.         house  in  which  it  shall  have  originated,  which  shall 
enter  the  objections  at  large  upon  their  journals, 
and  proceed  to  reconsider  it :  if,  after  such  recon- 
sideration, two-thirds  of  the  house  shall  agree   to 
Veto.        pass  the  bill,  it  shall  be  sent,  with  the  objections,  to 


CONSTITUTION    OF    MISSISSIPPI.  IT 

the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered :  if  approved  by  two-thirds  of  that  house,  it 
shall  become  a  law  ;  but  in  such  case,  the  vote  of 
both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of 
each  house  respectively :  if  any  bill  shall  not  be 
returned  by  the  Governor  within  six  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him. 
the  same  shall  become  a  law  in  like  manner  as  if  he 
had  signed  it.  unless  the  Legislature,  by  their 
adjournment,  prevent  its  return  :  in  which  case  it 
shall  not  become  a  law. 

Sec.  lr».  Every  order,  resolution  or  vote  to 
which  the.concurrence  of  both  houses  may  be  neces- 
sary, except  resolutions  for  the  purpose  of  obtain- 
ing the  joint  action  of  both  houses,  and  on  questions 
of  adgqnrnment,  shall  be  presented  to  the  Governor, 
and,  before  it  shall  take  effect,  be  approved  by  him. 
or,  being  disapproved,  shall  be  re-passed  by  both 
holism,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Sec.  17.  Whenever  the  office  of  Governor  shall 
become  vacant,  by  death,  resignation,  removal  from 
office,  or   otherwise,  the  president  of  the   Senate  . 

shall  exercise  the  office  of  Governor  until  another  g^™tjiot 
Governor  shall  be  duly   qualified;  and   in  case  ofvacan^ 
the  death,  resignation,  removal  from  office,  or  other  &c. 
disqualification  of  the  president  of  the  Senate,  so 
exercising  the  office  of  Governor,  the  speaker  of  the 
House  of  Representatives  shall  exercise   the  office 
until  tin1  president  of  the   Senate    shall  have  been 
chosen  :  and  when  the  office  of  Governor,  president 
of  the  Senate,  and  speaker  of  the  House,  shall  be- 
come vacant  in  the  recess  of  the  Senate,  the  person 
acting  as  Secretary   of  State  for   the   time  being,    ur^.^r 
shall,  by  proclamation,  convene  the  Senate,  that  a  pr0 
president  may   be   chosen  to   exercise  the  office  of 
Governor. 

Sec.  18.  When  either  the  president  or  speaker 
of  the  House  of  .Representatives  shall  so  exercise 
said  office,  he  shall  receive  the  compensation  of  the 
Governor  only ;  and  his  duties  as  president  or 
speaker  shall  be  suspended,  and  the  Senate  or  House 
of  Representatives,  as  the  case  may  be,  shall  fill  the 
vacancy  until  his  duties  as  Governor  shall  cease 
C— 2 


18  CONSTITUTION    OF    MISSISSIPPI. 

Sec.  19.  A  sheriff  and  one  or  more  coroners,  a 
treasurer,  surveyor  and  ranger,  shall  be  elected  in 
each  county,  by  the  qualified  electors  thereof ;  who 
shall  hold  their  offices  for  two  years,  unless  sooner 
removed  ;  except  that  the  coroner  shall  hold  his 
office  until  his  successor  be  duly  qualified. 

Sec.  20.  A  State  Treasurer  and  Auditor  of 
Treasurer  Public  Accounts  shall  be  elected  by  the  qualified 
and  Audi- electors  of  the  State,  who  shall  hold  their  offices 
*°r'  for  the  term  of  two  years,  unless  soom  v  removed. 

V  MILITIA. 

Section.  1.  The  Legislature  shall  provide,  by 
Militia.  ^aw'  ^'or  organizing  and  disciplining  the  militia  of 
this  State,  in  such  manner  as  they  may  deem  expe- 
dient, not  incompatible  with  the  Constitution  and 
the  laws  of  the  Confederate  States  of  America  in 
relation  thereto. 

Sec.  2.  Commissioned    officers    of    the   militia 
Militia  of-  (staff  officers  and  the  officers   of  volunteer  compa- 
rers,      nies  excepted.)  shall  be  elected  by  the  persons  liable 
to  perform  military  duty,  and  the  qualified  electors 
within  their  respective  commands,  and  shall  be  com- 
missioned by  the  Governor. 
Powers  of     Sec.  3.  The  Governor  shall  have  power  to  call 

Governo  r  forth  the  militia  to  execute  the  laws  of  the  State,  to 
tto call  out  •  i-  i  -  i  • 

imilitia       suppress  insurrection,  and  to  repel  lnvasi 

ARTICLE  YI. 

impeachments. 

Section  1.  The  House  of  Representatives  shall 
have  the  sole  power  of  impeaching. 

Sec.  2.  All  impeachments  shall  be  tried  by  the 

Impeach- Senate  :  when  sitting  for  that'purpose,  the  senators 

merit.        shall  be  on  oath  or  affirmation  :  no  person  shall  be 

convicted  without  the  concurrence  of  two-thirds  of 

the  members  present. 

Sec.  3.  The  Governor  and  all  civil  officers  shall 
be  liable  to  impeachment  for  any  misdemeanor  in 
Extent  of  on^ce  5  but  judgment  in  such  cases  shall  not  extend 
®tc         '  further  than  to  removal  from  office,  and  disqualifi- 
cation to  hold  any  office  of  honor,  trust,  or  profit 


CONSTITUTION   OF  MISSISSIPPI.  19 

under  the  State  ;  but  the  party  convicted  shall 
nevertheless,  be  subject  to'  indictment,  trial  and 
punishment,  according  to  law,  as  in  other  cases. 

ARTICLE  YIT. 

GMfiHMi   PROVISIONS. 

Section  I.  Members  of  the  Legislature,  attor- 
neys and  counsellors  at  law,  and  all  officers,  execu-  Oathofok 
live  and  judicial,  before  they  enter  upon  the  duties  fice. 
of  their  respective  offices,  shall  take  the  folio  wing- 
oath  or  affirmation,  to-wit:  "I  do  solemnly  swear,  (or 
affirm,  as  the  case  may  be,)  that  I  will  support  the 
Constitution  of  the  Confederate  States  of  Ameri- 
ca, and  the  Constitution  of  the  State  of  Mississippi, 
so  long  as  I  continue  a  citizen  thereof,  and  that  I 
will  faithfully  discharge,  to  the  best  of  my  abilities 

the  duties  of  the  office  of .  according  to  law 

—So  help  me,  God  » 

Sec.  2.  The  legislature  shall  pass  such  laws  to 
prevent  the  evil  practice  of  dueling,  as  they  may 
deem  necessary  ;  and  may  require  all  officers  before  Dueling, 
they  enter  upon  the  duties  of  their  respective  of- 
fices, to  take  the  following  oath  or  affirmation  :  "  I 
do  solemnly  swear,  (or  affirm,  as  the  case  may  be,) 
that  I  have  not  been  engaged  in  a  duel,  by  sending 
or  accepting  a  challenge  to  fight  a  duel,  or  by  fight- 
ing a  duel,  since  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  nor  will  I  be  so  engaged  during  my 
continuance  in  office — So  help  me,  God.'7 

Sec.  3.  Treason  against  the  State  shall  consist 
only  in  levying  war  against  it,  or  in  adhering  to  its  Treason, 
enemies,  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  his 
own  confession,  in  open  court. 

Sec.  4.     Every  person  shall  be  disqualified  from 
holding  an  office  or  place  of  honor  or  profit  under  Bribery  at 
the  authority  of  this  State,  who  shall  be  convicted  elections, 
of  having  given   or  offered  any  bribe  to  secure  his  r 
election.     Laws  shall  be  made  to  exclude  from  of-  eSS?e  | 
fice  or  suffrage  those  who  shall  hereafter  be  con-from, 
victed  of  bribery,  perjury,  forgery,  or  other  high 


20  CONSTITUTION    OF    MISSISSIPPI. 

crimes  or  misdemeanors.  The  privilege  of  the  free 
Suffrage,  suffrage  shall  be  supported  by  laws  regulating  elec- 
tions, and  prohibiting,  under  adequate  penalties,  all 
undue  influences  therein,  from  power,  bribery,  tu- 
mult, or  other  improper  conduct. 

Sec.  5.  No  person  who  denies  the  being  of  a 
Atheist  ^oc*'  or  a  fu^ure  state  of  rewards  and  punishments, 
shall  hold  any  office  in  me  civil  department  of  this 
State. 
"When  SEC-  6.  No  laws  of  a  general  nature,  unless 
laws  g  o  otherwise  provided  for,  shall  be  enforced  until  sixty 
into  effect  days  after  the  passage  thereof. 

Sec.  7.     No   money   shall  be  drawn   from   the 

Money  treasury,  but  in  consequence  of  an  appropriation 

fronTtrea^  ma^e  ^J  law  ;  nor  shall  any  appropriation  of  money 

sury.        f°r  tne  support  of  an  army  be  made  for  a  longer 

term  than  one  year. 

Sec.  8.  No  money  from  the  treasury  shall  be 
appropriated  to  objects  of  internal  improvement, 
unless  the  bill  for  that  purpose  be  passed  by  two- 
thirds  of  both  branches  of  the  Legislature  ;  and  a 
regular  statement  and  account  of  the  receipts  and 
expenditures  of  public  moneys  shall  be  published 
annually. 

Sec.  9.     No  law  shall  ever  be  passed  to  raise  a. 

loan  of  money  upon  the  credit  of  the  State,  or  to 

Skate  loan  pie(jge  tjie  f^  0f  t\m  gtate  for  tiie  redemption  of 

any  loan  or  debt,  unless  such  law  be  proposed  in  the 
Senate  or  House  of  Representatives,  and  be  agreed 
to  by  a  majority  of  the  members  of  each  house,  and 
entered  on  the  journals,  with  the  yeas  and  nays 
taken  thereon,  and  be  referred  to  the  next  succeed- 
ing Legislature,  and  published  for  three  months  pre- 
vious to  the  next  regular  election,  in  three  newspa- 
pers of  this  State ;  and  unless  a  majority  of  each 
branch  of  the  Legislature  so  elected,  after  such 
publication,  shall  agree  to  and  pass  such  a  law  ; 
and  in  such  case,  the  yeas  and  nays  shall  be  taken 
and  entered  on  the  journals  of  each  house  ;  Pro- 
vided, that  nothing  in  this  section  shall  be  so  con- 
strued as  to  prevent  the  Legislature  from  negotiat- 
ing a  further  loan  of  one  and  a  half  millions  of  dol- 
lars, and  vesting  the  same  in  stock  reserved  to  the 
State  by  the  charter  of  the  Planters'  Bank  of  the 
State. of  Mississippi. 


CONSTITUTION   OF    MISSISSIPPI.  21 

And  provided  furiltor.  That  the  Legislature  may 
raise  a  loan  of  money  and  pledge  the  faith  of  the 
State  for  the  payment  thereof,  when  required  to 
suppress  insurrections,  repel  invasions,  or  provide 
for  the  defense  of  the  State. 

Sec.  10.  The  Legislature  shall  direct,  by  law,  ^  u  \  fc  * 
in  what  manner,  and  in  what  courts,  suits  may  be  the^tate 
brought  against  the  State. 

Sec.   11.     Absence  on   business  of  this  State  or 
of  the  Confederate  States  of  America,  or  on  a  visit,  Citiz'ship. 
or  necessary  private  business,  shall  not  cause  a  for- 
feiture of  citizenship  or  residence  once  obtained. 

Sec.  12.     Tt  shall  be  the  duty  of  the  Legislature  Deduction 
to  regulate,  by  law.   the  cases  in  Avhich  deductions  from  sala- 
shall  be  made   from  salaries  of  public   officers  for  nes- 
neglect  of  duty  in  their  official   capacity,  and  the 
amount  of  mdk\  deduction. 

Sec.  13.      No    member   of   Congress   nor   any 
person  holding  any    office  of  profit   or  trust  under         rfifd 
the  Confederate   States,   (the  office   of  postmaster  Jjrom-'o'f- 
excepted.)  or  any  other  State  of  the  Confederacy,  ficc 
or  under  any  foreign  power,  shall  hold  or  exercise 
any  office  of  trust  or  profit  under  this  State. 

Sec.  14.     Religion,  morality  and  knowledge  be-  Schools 
ing  necessary  to  good  government,  the  preservation  an4  edu" 
of  liberty  and  the  happiness  of  mankind,  schools  and  catl0n* 
the   means   of  education  shall   forever  be  encour- 
aged in  this  State. 

Sec.  15.     Divorces  from  the  bonds  of  matrimo-  D. 
ny  shall  not  be  granted  but  in  cases  provided  for  Uiy0TCeB- 
by  law,  by  suit  in  chancery. 

Sec.  10.     Returns  of  all  elections  by  the  people  Election 
shall  be  made  to  the  Secretary  of  State,  in  such  returns, 
manner  as  may  be  prescribed  by  law. 

Sec.  17.     No  new  county  shall  be  established 
by  the  legislature,  which  shall  reduce  the  county  or  Counties, 
counties,  or  either  of  them,   from  which  it  may  be  New. 
taken,  to  less  contents  than  five  hundred  and  sixty- 
six  square  miles  ;  nor  shall  any  new  county  be  laid 
off  of  less  contents. 

Sec.  18.     The  legislature  shall   have  power  to 
admit  to  all  the  rights  and  privileges  of  free  white 
citizens  of  this  State  all  such  persons  of  the  Choc-  lndiaxy3« 
taw  and   Chickasaw  tribes   of   Indians  as  shall 
choose  to  remain  in  this  State,  upon  such  termB  as 


22  CONSTITUTION   OF    MISSISSIPPI. 

the    Legislature    may    from    time    to  time  deem 
proper. 

SLAVES. 

E  m  a  nci- 

pation  of  Section  1.  The  Legislature  shall  have  no  pow- 
nowma  e  er  to  pagg  jawg  ^  ^  emancipation  of  slaves  with- 
out the  consent  of  their  owners,  unless  where  the 
slave  shall  have  rendered  to  the  State  some  distin- 
guished service,  in  which  case  the  owner  shall  be 
paid  a  full  equivalent  for  the  slave  so  emancipated. 
They  shall  have  no  power  to  prevent  emigrants  to 
this  State  from  bringing  with  them  such  persons  as 
are  deemed  slaves  by  the  laws  of  any  one  of  the 
United  States,  so  long  as  any  person  of  the  same 
age  or  description  shall  be  continued  in  slavery  by 
the  laws  of  this  State  ;  Provided,  that  such  person 
or  slave  be  the  bona  fide  property  of  such  emi- 
Slaves  grants  ;  and  'provided,  also,  that  laws  may  be  passed 
conyictedto  pr0]^it  the  introduction  into  this  State  of  slaves 
who  may  have  committed  high  crimes  in  other 
States.  They  shall  have  power  to  pass  laws  to 
permit  the  owners  of  slaves  to  emancipate  them, 
saving  the  rights  of  creditors,  and  preventing  them 
from  becoming  a  public  charge.  They  shall  have 
full  power  to  oblige  the  owners  of  slaves  to  treat 
them  with  humanity,  to  provide  for  them  necessary 
clothing  and  provisions,  to  abstain  from  all  injuries 
to  them  extending  to  life  or  limb,  and  in  case  of 
Treatme't  their  neglect  or  refusakto  comply  with  the  direc- 
of  slaves,  tions  of  such  laws,  to  have  such  slave  or  slaves  sold 
for  the  benefit  of  the  owner  or  owners. 

Sec.  2.     The  introduction  of  slaves  into   this 

State  as  merchandize,  or  for  sale,  shall  be  prohib- 

Slaves  as  ^e(j  from  an(j  after  ^ie  firs^  dav  0f  May,  eighteen 

SzeT    n"  hundred  and  fifty-three  ;  Provided,  that  the  actual 
settler  or  settlers  shall  not  be  prohibited  from  pur- 
chasing slaves  in  any  other  State  in  this  Union 
and  bringing  them  into  this  State  for  their  own 
individual  use,  until  the  year  eighteen  hundred  and 
forty-five. 
Prosecu-     Sec.  3.     In  the  prosecution  of  slaves  for  crimes 
tion    of0f  which  the  punishment  is  not  capital,  no  inquest 
slaves.      k-y  a  grand  jury  shall  be  necessary  ;  but  the  pro- 
ceedings in  such  cases  shall  be  regulated  by  law. 


CONSTITUTION    OF    MISSISSIPPI.  23 

MODE   OF    REVISING   TTIE    CONSTITUTION. 

Whenever  two-thirds  of  eaeh  branch  of  the  legis- 
lature shall  deem  any  eliange.  alteration  or  amend- 
ment necessary  to  this  constitution,  such  proposed 
change,  alteration  or  amendment  shall  be  read  and  ^onstitu- 
passcd  by  a  majority  of  two-thirds  of  each,  house  reriscd?W 
respectively  on  each  day  for  three  several  days  ; 
public  notice  thereof  shall  fefcen  be  given  by  the 
Secretary  of  State,  at  leasl  -i\  months'  precelliiig 
the  next   general  which   the  qualified 

electors  shall  vote  directly  for  or  againsl  such 
change,  alteration  or  amendment  :  and  if  it  shall 
appear  that  a  majority  of  the  qualified  electors 
voting  for  members  of  the  legislature  shall  have 
voted  for  the  proposed  cha  er.a1  ion  or  amend- 

ment, then  it  shall  be  inserted,  <>y  ;  ied- 

ing  legislate  part  of  this  and 

not  otherwise. 

SCfiEDULE. 

Se<  tion   1.     All  righ^  ..  and  all  liabilities E  •    ijts 

incurred,  shall  remain  the  same  as  if  this  COfrstitu-  veat|cL 

tion  had  not  been  adopted. 

Sec.  2.  All  suits  at  law  or  in  equjty,  now  pend- 
ing in  the  several  courts  of  this  State,  may  be 
transferred  to  such  courts  as  may  have  proper  ju- 
risdiction thereof. 

Sec.  3.  The  Governor,  and  all  officers,  civil 
and  military,  now  holding  commissions  under  the 
authority  of  this  State,  shall  continue  to  hold  andofficers 
exercise  their  respective  offices  until  they  shall  be&c* 
superseded  pursuant  to  the  provisions  of  this  con- 
stitution, and  until  their  successors  be  duly  quali- 
fied. 

Sec.  4.  All  laws  now  in  force  in  the  State,  not 
repugnant  to  this  Constitution,  shall  continue  to 
operate  until  the}'  shall  expire  by  their  own  limita- 
tion, or  be  altered  or  repealed   by  the  Legislature. 

Sec.  5.  Immediately  upon  the  adoption  of  this 
constitution,  the  president  of  this  convention  shall 
issue  writs  of  election,  directed  to  the  sheriffs  of 
the  several  counties,  requiring  them  to  cause  an 
election  to  be  held   on  the  first   Monday   and  day 


24  CONSTITUTION    OF    MISSIS^IPPE. 

following  in  December  next,  for  members  of  the 
Legislature,  at  the  respective  places  of  holding 
elections  in  said  counties  ;  which  elections  shall  be 
conducted  in  the  manner  prescribed  by  the  existing 
election  laws  of  the  State  ;  and  the  members  of  the 
Legislature,  thus  elected,  shall  continue  in  office 
until  the  next .  general  election,  and  shall  convene 
at  the  seat  of  government  on  the  first  Monday  in 
January,  eighteen  hundred  and  thirty-three  ;  and 
shall,  at  their  first  session,  order  an  election  to  be 
held  in  every  county  of  this  State,  on  the  first  Mon- 
day of  May  and  day  following,  eighteen  hundred 
and  'thirty-three,  for  all  state  and  county  officers 
under  this  constitution,  (members  of  the  Legisla- 
ture excepted  ;)  and  the  other  officers  then  elected 
shall  continue  in  office  until  the  succeeding  general 
election,  and  after,  in  the  same  manner  as  if  the 
election  had  taken  place  at  the  time  last  aforesaid. 
„      ,  Sec.  <>.     Until  the   first  enumeration    shall   be 

0fficer|  made,  as  directed  by  this   Constitution,  the  appor- 
first elect-  tionm cut  of  senators   and   representatives  among 
ed  to  con- the  several   districts   and   counties   in   this  State, 
tinue  in  shall  remain  as  at  present  fixed  by  law. 
office-  P.  RUTILUS  R.  PRAY, 

President  of  the  Convention,  mid 
Representative  from  the  county  of  Hancock. 
Attest  : 

John  H.  Mallory.  S'rrretart/. 


AMENDMENTS  TO    THE   CONSTITUTION. 


AVE- 


The  Legislature  shall  Lave,  33  "eby  vest- 

ed with  power  to  pa  -s  such  laws  regulating  or  pro- 
hibiting the  introduction  of  slaves  into  this  State, 
as  may  be  deemed  proper  and  expedient. 

Adopted,  February  24,  1840.  * 


AMENDMENTS  TO  THE   CONSTITUTION.  25 

BOARD   OF   POLICE. 

The  qualified  electors  of  each  county  shall  elect 
five  persons,  by  districts,  for  the  term  of  two  years, 
who  shall  constitute  a  Board  of  Police  of  each 
county,  a  majority  of  whom  may  transact  business ; 
which  body  shall  have  full  jurisdiction  over  roads, 
highways,  ferries  and  bridges,  and  all  other  matters 
of  county  policy;  and  shall  order  all  county  elec- 
tions to  fill  vacancies  that  may  occur  in  the  offices 
of  their  respective  counties. 

The  clerk  of  the  Court  of  Probate  shall  be  clerk 
of  the  Boards  of  County  Police. 

Adopted,  March  12th,  1852. 

CHANCERY    COURT. 

Chancery  Courts,  with  full  jurisdiction  in  mat- 
ters of  equity,  shall  be  held  in  each  judicial  district 
by  the  circuit  judge  thereof,  at  such  time  and  place 
as  may  be  directed  by  law.  The  Superior  Court 
of  Chancery,  and  the  several  Vice-Chancery  Courts, 
shall  continue  as  now  organized,  until  the  first 
Monday  of  November,  one  thousand  eight  hundred 
and  fifty-seven,  for  the  disposition  of4  cases  now 
depending  therein.  The  Legislature  shall  provide 
by  law  for  the  preservation  of  the  records  of  the 
said  Superior  Court  of  Chancery  and  of  said  Vice-  . 

Chancery  Courts,  and  also  for  the  transfer  of  p\\ 
causes,  that  may  remain  undetermined  therein,  to 
other  courts,  for  final  decision. 

Adopted,  February  6th,  1856. 

TENURE   OF  PUBLIC   OFFICERS. 

All  public  officers  m  this  State,  Legislative,  Ex- 
ecutive and  Judicial,  whose  terms  of  office  expire 
at  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  fifty-seven,  or  at  any 
subsequent  general  election,  shall  continue  to  hold 
their  offices  until  the  first  Monday  of  January  next 
following  the  expiration  of  said  terms,  and  until 
their  successors  shall  be  qualified  :  Provided,  such 
of  said  officers  as  are  required  to  give  bond  for  the 
discharge  of  their  duties,  shall  give  bond  and  seen- 


26  AMENDMENTS    TO   THE    CONSTITUTION. 

rity  for  the  said  extended  term,  as  may  be  provided 
by  the  Legislature ;  and  the  terms  of  office  of  all 
officers  chosen  at  the  general  election  in  the  year 
eighteen  hundred  and  fifty-seven,  or  at  any  subse- 
quent general  election,  shall  commence  on  the  first 
Monday  of  January  next  succeeding  the  election, 
and  shall  continue  for  the  time  now  fixed  by  the 
constitution,  and  until  their  successors  shall  be 
qualified. 

Adopted,  February  6th,  18561 

ELECTIONS. 

All  general  elections  by  the  people  of  this  State 
shall  be  held  on  the  first  Monday  in  October,  and 
be  concluded  in  one  day;  on  the  first  Monday  in 
October,  1857,  and  biennially  thereafter,  an  election 
shall  be  held  for  representatives  in  Congress,  and 
all  State  officers  and  members  of  the  Legislature, 
except  for  officers  and  senators  entitled  to  hold 
over  after  November,  1857,  who  shall  continue  in 
office  until  their  successors  are  entitled  to  succeed 
them  therein.  The  Legislature  shall  convene  on 
the  first  Monday  of  November,  1857,  and  bien- 
nially thereafter,  hut  may  be  especially  convoked 
by  the  Governor  at  other  times.  The  Governor's 
official  term  shall  commence  on  the  third  Monday 
of  November,  and  that  of  the  Secretary  of  State, 
Auditor  of  Public  Accounts,  State  Treasurer,  and 
Attorney  General,  on  the  first  Monday  of  January 
next* after  his  and  their  election;  but  the  Attorney 
General  shall  hold  his  office,  as  heretofore,  for  the 
term  of  four  years.  On  the  first  Monday  of  Octo- 
ber, 1858,  and  biennially  thereafter,  an  election 
shall  be  held  for  all  couuty,  district,  judicial  and 
ministerial  officers,  (except  officers  who  may  then 
bo  entitled  to  hold  over  after  January,  1859,  or 
until  the  time  of  holding  another  election;)  and 
the  official  term  of  all  such  officers  then  and  there- 
after elected,  shall  commence  on  the  first  Monday 
of  January  next  after  this  election  ;  but  all  such 
officers  elected  in  1855,  or  previously,  whose  official 
terms,  in  the  absence  of  this  'provision,  would  ex- 
pire in  November,  1857,  shall  continue  in  office  until 
the  first  Monday  of  January,  1859. 

Adopted,  February  2d,  1856. 


AMENDMENTS    TO  THE   CONSTITUTION.  27 


AMENDMENTS   BY   THE   STATE   CONVENTION. 

Be  it  ordained  and  declared,  and  it  is  hereby  or- 
dained ami  declared.  That  the  Legislature  shall 
have  power  to  fix  the  time  of  holding  all  elections, 
and  may  adjust  the  terms  of  office  to  conform  to 
any  changes  hereafter  to  be  made,  and  may  fix  the 
time  for  the  commencement  of  its  biennial  sessions. 

Be  it  ordained  and  declared,  and  it  is  Jiereby  or- 
dained and  declared,  That  if  any  part  of  the  pres- 
ent Constitution  of  the  State  of  Mississippi  shall 
be  in  conflict  with  any  ordinance  passed  by  this 
Convention,  such  part  of  the  said  Constitution 
shall  be  held  to  be  abrogated  and  annulled  to  the 
extent  of  such  conflict,  but  no  further. 

Adopted,  Januarv  26th,  1861. 

WILLIAM  S.  BARRY, 

President  of  the  Contention. 


•LAWS 


OF    THE 


STATE   OF   MISSISSIPPI. 


CHAPTER  1. 

Wbfbrha/s,  an  ordinance  entitled  "An  ordinance 
1<>  amend  the  Constitution  of  the  State  of  Missis- 
sippi in  several  particulars,"  adopted  by  the  recent 
State  Convention,  on  the  30th  day  of  March,  1861, 
was  omitted  to  be  published  among  the  proceedings 
and  ordinances  of  the  said  Convention  ;  therefore. 

Resolved  by  the  Legislature  of  the  State  of  Mis- 
sissippi. That  the  Secretary  of  State  be  directed 
to  cause  a  copy  of  the  above  recited  ordinances  to 
be  published  in  the  pamphlet  laws  of  the  present 
session  of  the  Legislature 

Approved,  August  5.  1801. 


CHAPTER  II. 

AN  ORDINANCE  to  amend  tho  Constitution  of  tfce  State 
of  Mississippi  in  several  particulars. 

Section  1.  Be  it  ordained  by  the  people  of  the 
State  of  Mississippi,  in  Conventian  assembled,  that 
the  Constitution  of  the  said  State  be  amended  and 
altered  in  the  following  particulars,  to-wit :  That 
the  words  ''the  Confederate  States  of  America",  be 
inserted  after  the  word  "of"  and  before  the  word 
(<and"  in  the  third  line  of  the  first  section  of  the 
thii*d  article  of  said  Constitution. 
L—5 


30  LAWS   OF   MISSISSIPPI. 

Sec.  2.  That  the  words  "of  the  Confederate 
States  of  America,"  be  inserted  after  the  word 
"citizen"  and  before  the  word  "and"  in  the  second 
line  of  the  seventh  section  of  the  third  article  of 
said  Constitution. 

Sec.  3.  That  the  words  "the  Confederate  States 
of  America/''  be  inserted  after  the  word  "of"  and 
before  the  word  "and"  in  the  second  line  of  the 
fourteenth  section  of  the  third  article  of  the  said 
Constitution. 

Sec.  4.  That  the  words  "the  Confederate  States 
of  America,  or"  be  inserted  after  the  word  "of" 
and  before  the  word  "this"  in  the  fourth  line  of  the 
twenty-seventh  section  of  the  third  article  of  the 
said  Constitution. 

Sec.  5.  That  the  words  "of  some  one  of  the 
States  composing  the  Confederate  States  of  Amer- 
ica, for  twenty  years"  be  inserted  after  the  word 
"citizen"  and  before  the  wrord  "and"  in  the  second 
line  of  the  third  section  of  the  fifth  article  of  the 
said  Constitution. 

%Sec.  6.  That  the  words  "except  when  they  shall 
be  called  into  the  service  of  the  Confederate  States 
of  America,"  be  added  after  the  word  "militia"  in 
the  last  line  of  the  fifth  sectiou  of  the  fifth  article 
of  the  said  Constitution. 

Sec:  7.  That  the  words  "not  incompatible  with 
the  Constitution  and  the  laws  of  the  Confederate 
States  of  America  in  relation  thereto,"  be  added 
after  the  word  "expedient"  in  the  first  section  under 
the  title  "militia"' in  the  said  Constitution. 

Sec."  8.  That  the  words  "attorneys  and  counsel 
lors  at  law,"  be  inserted  after  the  word  "Legisla- 
ture" and  before  the  word  "and",  in  the  first  line, 
and  the  words  "the  Constitution  of  the  Confederate 
States  of  America  and"  be  inserted  after  the  word 
"support"  and  before  the  word  "the"  in  the  sixth 
line  of  the  first  section  of  the  seventh  article  of  the 
said  Constitution. 

Sec.  9.  That  the  words  "or  of  the  Confederate 
States  of  America"  be  inserted  after  the  word 
"State"  and  before  the  word  "or"  in  the  first  line 
of  the  eleventh  section  of  the  seventh  article  of  the 
said  Constitution; 

Sso*  10.  That  the  ^ords  "  Member  of  Oongrees, 


/ 


LAWS   OF   MISSISSIPPI.  31 

nor  any"  be  inserted  after  the  word  "no"  and  before 
the  word  "person '  in  the  first  line,  and  the  words 
"the  Confederate  States  (the  office  of  Postmaster 
excepted)  or  any  other  State  of  the  Confederacy. 
or  under"  be  inserted  after  the  word  "under"  and 
before  the  word  "any"  in  the  second  line  of  the 
thirteenth  section  of  the  seventh  article  of  the  said 
Constitution. 

Sec.  11.  That  the  word,'  "or  member  of  Con- 
gress," be  inserted  after  the  word  "officer"  and  be- 
fore the  word  "for"  in  the  fifteenth  line  of  the  first 
section  of  article  three  in  said  Constitution. 

:  o.  12.  That  the  words  "  Representatives  in 
Congress,  an<F  be  inserted  after  the  word  "for" 
and  before  tfye  word  "all"  m  the  fifth  line  of  the 
amendment  to  said  Constitution  under  the  title 
"  Elections^  adopted  February  2nd,  185.0. 

Sec.  13.  That  a  copy  of  the  Constitution  of  the 
State  of1  Mississippi,  as  thus  amended,  be  engrossed 
and  filed  in  the  office  of  the  Secretary  of  State. 

Adopted  March  30,  1861. 

Secim<t\i;y  of  State's  Office, 

Jackson,  Miss.,  July  31,  1861. 

1,  C.  A.  Buoucher,  Secretary  of  State,  do  certify 
that  the  foregoing  pages  contain  a  true  copy  of  the 
original  now  on  file  in  my  office. 

Given  under  my  hand,  and  the  great  seal 
,        n  of  the  State  of  Mississippi,  the 
'  "   -V  day  and  year  first  above  written. 
.  C.  A.  BROUGHER, 

Secretary  of  State. 


CHAPTER  III. 

AN  ACT  to  extend  the  powers-  and  to  confirm  the  acts  of 
the  Boards  of  County  Police  in  certain  cases. 

Section  1.    Be  it  enacted  by  the  Legislature  of    Military 
the  State  of  Mississippi,  as  follotvs,  to-ivit:  That  Relief  tax, 
the  Boards  of  Police  in  the  different  counties  in  how  le- 
this  State  are  authorized  to  levy  a  special  tax,  to  vied. 


32  LAWS   OF   MISSISSIPPI. 

be  called  the  Military  Relief  Tax,  upon  the  taxa- 
ble property  of  their  respective  counties,  to  an 
amount  not  exceeding  one  hundred  per  cent,  of  the 
State  tax  of  eighteen  hundred  and  fifty  nine ;  which 
Tax  how  shall  be  applied  to  assist  in  furnishing  outfits,  equip  - 
applied,  ments,  .clothing,  and  needful  supplies  to  volunteer 
soldiers  from  each  county,  respectively,  now  in  the 
service  of  the  State,  or  Confederate  States,  or  that 
may  be  hereafter  received  into  such  service,  and 
release  the  wants  of  destitute  needy  families  and 
dependants  of  such  volunteers,  and  shall  also  have 
power,  for  like  purposes,  to  use,  employ  and  appro- 
priate, for  the  time  being,  any  ihoneyjn  the  Treas- 
ury not  otherwise  appropriated,  of  Such  county, 
and  to  issue  warrants  on  the  said  Treasury,  payable 
,  at  such  time  or  times  as  may  be  expedient. 

Sec.  2.  Be  it  further  enacted,  That  all  appro- 
priations of  money  heretofore  made,  and  all  war- 
rants on  the  Treasury  heretofore  issued  or  ordered 
to  be  issued,  and  all  contracts  and  engagements 
heretofore  entered  into,  and  all  taxes  heretofore 
levied  or  laid  by  the  Board  of  Police  of  any  of  the 
counties  in  this  State,  for  any  of  the  purposes  men- 
tioned in  the  first  section  of.  this  act,  are  hereby 
ratified,  confirmed,  and  declared  to  be  valid  and 
lawful,  in  the  same  manner  as  if  the  same  had  been 
expressly  authorized  by  a  previous  law. 

Sec.  3.   Be  it  further  enacted,  That  if  at  any 

time  after  the  levying  of  the  said  Military  Relief 

Board  Tax,  and  before  its  collection,  the  Board  of  Police 

of   Police  of  any  of  the  counties  of  this  State  think  the  emer- 

may  issue  geucy  demands  it,  they  arc  authorised  to  cause  to 

warrant,     ge  prepare^  sjgn  anc|  }ssne  county  warrants  to  an 

amount  not  exceeding  one  hundred  per  cent,  (of  the 

tax  levied,  bearing  interest  at  eight  per  cenft.)  per 

annum  from  date,  payable  as  hereinafter  provided. 

Sec.  4.   Be  it  further  enacted.  That  the  Boards 

.     of  Police  shall  appoint  five  discreet  and  competent 

Commis-    persons,  citizens  of  the  county,  as  commissioners, 

sioners,      whose  duty  it.  shall  be  to  investigate  and  determine 

how  ap-     who  are  the  proper  beneficiaries  of  the  said  Military 

pointed.      tax  or  appropriation,  and  the  said  warrants  when 

issued  shall  be  expended  and  the  fund  applied  as 

they  shall  direct. 


LAWS  OF  MISSISSIPPI.  38 

Sec.  5.  Be  it  further  enacted,  That  the  said 
warrant.-  shall  be  made  payable  to  the  said  com-  Of  war- 
missioncrs,  and  for  such  amounts  as  they  shall  rants, 
direct,  but  in  no  instance  shall  they  be  applied  to 
other  purposes  than  those  directed  by  the  commis- 
sioners, under  penalty  of  forfeiting  any  claim  to 
secure  like  assista^e. 

Sec?.  <».  Be,  it  fiirtlier  enacted,  That  the  said  war- 
rants shall   be  signed  by  the  Clerks,  and  counter- Warrants 
signed   by  (he   President  of  said  Boards,  ami  the  how  is- 
monoy  arising  from   the  levying  of  said  Military  sue<*- 
tax  shall   be  applied   to  their  redemption,  in  such 
manner  as  the   Boards  of  Police  may  direct,  and 
1 1  wit   the  Treasurer  and  Police  Clerk  shall  each 
keep  a  separate  and  accurate  account  of  the  num- 
ber, date  and   amount,  and  to  whom  payable,  of 
each  warrant  signed  by  them,  and  shall  keep  like 
accounts  of  such  warrants  when  redeemed,  and  the 
amount  of  interest  on  the  same,  and  shall  make  re- 
port when  ordered  by  the  Board  of  Police,  for 
which  they  shall  be  allowed  such  compensation  as 
the  Board  of  Police  may  order. 

Sec.  7.   Be  if  farther  enacted,    That  the  Sheriff 
in  the  respective  counties  shall  collect  the  said  Mil-      Sherifl 
itary  Relief  Tax  at  the  same  time  he  is  required  by  ?hatllsc°i~ 
law  to  collect  the  State  tax,  and  pay  the  same  over  tax 
to  the  County  Treasurer,  and  in  collecting  the  same, 
he  shall  be  empowered  to  distrain  and  sell  the  pro- 
perty of  defaulting  tax  payers,  in  the  same  manner, 
and  to  the  same  extent,  as  in  the  case  of  taxes  due 
the  State  under  existing  laws  ;  and  the  said  Sheriff 
before  proceeding  to  collect  said  tax,  under  penalty 
of  vacating  his  office,  shall  within  ten  days  after 
the  levying. of  said  tax,  execute  a  bond  in  double 
the  amount,  payable  to  the  President  of  the  Board 
of  Police,  and  conditioned  in  the  same  manner  as  vSheriff's 
his  present  tax-collecting  bond,  with  two  good  and  bond, 
sufficient  securities,  for  which  service  he  shall  be 
allowed,  by  the  said  Board  of  Police,  two  and  one- 
half  per  cent,  on  the  amount  of  said  tax  for  col- 
lecting the  same. 

Sec.  8.  Be  it  further  enacted,  That  in  case  any 
Sheriff  may  be  absent  on  military  duty  in  the  ser- 
vice of  the  State,  or  the  Confederate  States,  the 
bond  required  to  be  executed  in  the  preceding  sec- 
L— 7 


34  LAWS  OF   MISSISSIPPI. 

tion  of  this  act  may  be  executed  by  his  deputy,  aud 
he  shall  be  constituted  special  tax  collector  for  this 
special  purpose,  and  in  consequence  of  which  the 
office  of  such  Sheriff  shall  not  be  vacated. 

Sec.  9.  Be  it  further  enacted.  That  this  act  take 
effect  from  and  after  its  passage. 

Sec.  10.  Be  it  further  emcted,  That  the  said 
Deceased  Boards  of  County  Police  shall  have  power  to  make 
soldiers,  a}j  necessary  appropriations  for  the  transportation 
how  bu-  an(j  -kuria]  0f  the  remains  of  soldiers  who  may  die 
ned.  .     ,,  J 

m  the  service. 

Sec.  11.  Be  it  further  enacted,  That  should  the 
Board  of  Police  of  any  county,  under  the  provisions 
of  this  act,  authorize  the  use  of  any  trust  fund  in 
charge  of  the  Treasurer,  he  shall  keep  a  true  ac- 
count of  the  same,  and  said  county  shall  be  bound 
to  refund  said  trust  fund,  with  interest  on  the  same 
at  the  rate  of  eight  per  cent,  per  annum  until  so 
refunded. 

Approved,  August  2,  18f>l. 


GHAPTER  IV. 

MEMORIAL  to  the  Congress  of  the  Confederate  States. 

Whereas,  by  the  act  of  the  Government  of  the 
United  States,  Avar  exists  between  that  Govern- 
ment and  the  Government  and  people  of  the  Con- 
federate States  oi  America,  therefore,  we,  the  Re- 
presentatives of  a  united  people,  determined  to 
prosecnte  the  war  with  all.  the  men  and  means  at 
at  our  command  to  a  successful  termination  or  a 
total  annihilation  of  men  and  money,  deem  it  highly 
expedient,  in  behalf  of  the  people  of  the  State  of 
Mississippi,  to  ask  of  your  honorable  and  patriotic 
body  to  take  into  consideration  the  propriety  and 
expediency  of  making  the  Treasury  notes  issued  by 
the  Confederacy  a  legal  tender  in  the  payment  of 
debts ;  and,  also,  the  expediency  of  affording  tho 
planters  a  market  for  their  cotton  and  tobacco 
crops,  by  the  purchase  of  the  same,  or  liberal  ad- 
vances to  them,  by  the  Government,  of  Treasury 
notes  in  part  payment  for  $qb6  0Q$$tediti&  \r\ 


LAWS  OF  MISSISSIPPI.  35 

order  to  afford  to  the  Government  a  basis  for  the 
redemption  of  the  notes  so  issued,  and  to  afford  the 
necessary  monied  facilities  to  the  planters  and 
others  to  pay  their  individual  liabilities  and  carry 
on  their  business  without  interruption  or  material 
embarrassment  during  the  war. 

Your  memorialists  are  of  the  opinion,  should 
Congress  adopt  the  measures  indicated,  and  hold 
the  cotton  and  tobacco  until  the  close  of  the  war. 
or  until  such  time  as  an  advantageous  sale  can  be 
effected,  it  would  put  in  the  hands  of  the  Govern- 
ment a,  powerful  lever  to  procure  a  speedy  peace 
with  the  United  States,  and  a  full  and  complete 
recognition,  by  foreign  powers,  of  the  independence 
of  the  Confederate  States,  and  furnish  to  the  Gov- 
ernment of  the  Confederate  States  a  basis  of  credit 
equally  as  valuable  and  reliable,  for  the  redemp- 
tion of  its  Treasury  notes,  as  ingots  of  gold  in  any 
bank  in  the  world.  By  adopting  the  plan  recom- 
mended, your  memorialists  are  of  opinion,  that  the 
war  can  be  carried  on  for  an  indefinite  period, 
without  creating  any  or  but  very  little  foreign 
debt ;  and  when  the  war  closes,  as  close  it  must  at 
no  distant  day,  (if  all  the  cotton  and  tobacco  grown 
within  the  limits  of  the  Confederacy  be  held  by  the 
Government  until  that  consummation  is  reached,) 
the  Confederate  States  will  be  the  most  free,  and 
its  inhabitants  the  most  wealthy,  of  any  other  na- 
tion of  people,  because  the  money  expended  will.be 
among  her  own  people,  and  the  Government  will 
have  under  its  own  control  those  articles  which  arc 
indispensable  to  the  civilized  world  in  such  quanti- 
ties as  to  enable  her  to  control  the  price  of  cotton 
and  tobacco,  to  an  extent  sufficient  to  prevent  low 
prices  after  commercial  relations  are # fully  estab- 
lished with  other  commercial  nations. 

Your  memorialists  deem  it  unnecessary  to  say 
more  on  the  subject,  but  submit  the  proposition  to 
the  consideration  of  Congress,  requesting  them  to 
give  the  subject  that  attention  which  in  the  opinion 
of  your  memorialists  the  subject  deserves. 

Resolved,  That  His  Excellency,  the  Governor, 
be  and  he  is  hereby  requested  to  forward  a  copy  of 
this  memorial  to  each  of  our  Representatives  in  the 
L— 8 


36  LAWS   OF   MISSISSIPPI. 

Congress  of  the  Confederate  States,  with  a  request 
that  it  be  laid  before  that  body  for  its  considera- 
tion. 

Approved.  Augfmst  2,  1861. 


CHAPTER  V. 

Resolved  by  the  Senate,  (the  House  of  Repre- 
sentatives concurring,)  That  our  Representatives 
in  the  Congress  of  the  Confederate  States  of  Amer- 
ica, be,  and  they  are  hereby  requested  to  use  their 
influence  to  procure  the  passage  of  a  law  to  appro- 
priate money  to  the  payment  of  mail  contractors, 
marshals,  and  their  deputies,  who  have  performed 
such  service  within  the  Confederate  States,  under 
the  laws  in  force  previous  to  the  separation  of  the 
Confederate  from  the  United  States. 

Approved,  August  6,  1861. 


CHAPTER   VI. 

AN  ACT  to  suspend  the  collection  of  the  Gulf  and  Ship 
Island  Railroad  tax,  and  for  other  purposes. 

Section  1.  Beit  enacted  by  the  Legislature  of  the 
St&te  of  Mississippi,  That  "An  act  to  authorize  the 
Board  of  Police  of  Rankin  county  to  subscribe  for 
stock  in  the  Gulf  and  Ship  Island  Railroad  Com- 
pany," and  "An  act  to  authorize  the  Board  of  Police 
of  Madison  county  to  subscribe  for  stock  in  the 
Gulf  and  Ship  Island  Railroad  Company,"  both  <>f 
which  acts,  approved  November  30,  I860,  be,  and 
the  same  are  hereby  suspended  until  one  year  at 
least  after  peace  shall  be  restored  between  the  Con- 
federate States  of  America  and  the  United  States  ; 
but  this  suspension  shall  in  no  way  impair  pr  de- 
stroy any  of  the  rights  or  privileges  of  said  Com- 
pany in  these  taxes  or  any  other  matter. 

Sec.  2.  Beit  further  enacted,  That  said  Company 
is  hereby  authorized  to  suspend-all  action  until  one 
year  at  least  after  such  peace  shall  be  restored 


LAWS   OF   MISSISSIPPI.  37 

without  impairing-  0r  destroying  any  right  or  privi- 
lege now  belonging  to  said  Company. 

Sec.  3.  Be  it  further  enacted,  That  all  laws  or 
parts  of  laws  contrary  to  the  provisions  of  this 
act,  be,  and  the  same  are  hereby  repealed. 

Sec.  4.  Be  it  further  enacted,  That  this"  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas^ 
sage. 

Approved,  August  2,  1861. 


CHAPTER  VII. 
JOINT  RESOLUTION. 

Ba  it  enacted  by  the  House  of  Bepresentatives, 
(the  Senate  concurring,)  That  Col.  French,  chief 
of  the  ordinance  department  of  the  army  of  Mis- 
sissippi, be  authorized,  and  is  hereby  instructed  to 
make  a  thorough  test  of  the  improved  cannon  ball 
invented  by  H.  H.  Fultz,  a  citizen  of  this  State,  if 
moulds  can  be  made  in  this  State,  to  test  the  same, 
and  the  cost  of  said  experiment  to  be  paid  out  of 
the  Treasury,  on  the  warrant  of  the  Auditor,  out 
of  monies  not  otherwise  appropriated,  upon  the 
certificate  of  Col.  French,  of  the  cost  of  the  same, 
t>eing  tiled  with  the  Auditor. 

Approved,  August  6. 1861. 


CHAPTER  VIII. 

AN  ACT  for  the  relief  of  Charles  Toney  of  Neshoba 
county,  and  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  Charles  Toney  of  Ne- 
shoba county  be,  and  he  is  hereby  enabled  to  insti- 
tute, carry  on,  and  consummate,  in  the  Circuit 
Court  of  said  county,  proceedings  for  the  adoption 
of  Elizabeth  Ann  Wells  of  said  county,  under  the 
provisions  of  article  41.  sec.  5,  of  the  Circuit  Court 


38  LAWS  OF  MISSISSIPPI. 

laws  of  this  State,  without  changing  the  name  of 
said  Elizabeth  Ann  Wells. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  August  2,  1861. 


CHAPTER   IX. 

JOINT  RESOLUTION. 


Resolved  by  the  House,  (the  Senate  concurring.) 
That  the  Board  of  Trustees  of  the  State  University 
be  instructed  to  inquire  into  the  expediency  of 
adopting  a  system  of  Military  instruction  in  said 
University. 

Approved,  August  0,  1861. 


CHAPTER  X. 

Resolved  by  tfue  Legislature,  (the  House  concur- 
ring^ That  Samuel  M.  Meek,  District  Attorney  for 
the  Sixth  Judicial  District  of  this  State,  have  leave 
of  absence  from  the  State  for  four  months  during 
the  year  1862,  at  any  time  which  will  not  conflict 
with  the  regular  term  of  any  of  the  courts  in  his 
district. 

Approved,  August  2,  1861. 


CHAPTER  XL 

AN  ACT  to  authorize  the  investment  of  trust  funds  in  the 
securities  of  the  State,  or  of  the  Confederate  States. 

Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  it  is  and  shall  be  lawful  fpr  Ex- 
ecutors, Administrators,  Guardians,  and  all  other 
Trustees,  having  money  or  effects  which  may  be 
invested  at  interest,  to  invest  the  same  in  the  bonds 


LAWS  OP  MISSISSIPPI.  39 

or  Treasury  notes  issued  since  the  ninth  day  of 
January,  one  thousand  eight  hundred  and  sixty-one, 
by  authority  of  this  State,  or  of  the  Confederate 
States  of  America,  and  for  that  purpose  to  subscribe 
to  loans  offered  by  either  of  the  said  Governments ; 
and  that  this  act  shall  take  effect  fron  its  passage. 
Approved.  August  2,  1861. 


CHAPTER  XII. 

A^  ACT  to  authorize  Sheriffs,  Tax  Collectors,  and  State 
Treasurer,  to  receive  the  Treasury  Notes  of  the  Confed- 
erate States  of  America  in  payment  of  taxes  and  other 
dues. 

Be  it  ejiacted  by  the  Legislature  of  the  State  of 
Mississippi,  That  hereafter  the  sheriffs,  tax  collec- 
tors, and  State  Treasurer,  be,  and  they  are  hereby 
authorized  to  receive  the  Treasury  Notes  of  the 
Confederate  States  of  America,  in  payment  of  all 
taxes,  and  for  all  moneys  due  the  State  arising 
from  any  source  whatever ;  Provided,  however,  that 
this  act  shall  not  apply  to  the  tax  assessed  by  the 
ordinance  of  the  Convention  of  January  26,  1861, 
and  known  as  the  Military  tax,  the  same  being  de- 
clared irrepealable  by  said  ordinance. 

Approved,  August  6,  1861. 


CHAPTER   XIII. 

A  BILL  to  be  entitled  "An  act  to  define  the  boundaries  of 
the  town  of  Rodney,"  in  Jefferson  eounty. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  hereafter  the  corporate 
limits  of  the  town  of  Rodney  shall  be  within  lines 
drawn  as  folrows,  that  is  to  say  :  beginning  at  a 
point  in  the  middle  of  the  main  channel  of  the 
Mississippi  River,  due  west  from  the  south  bank  of 
Mill  Bayou,  where  said  Bayou  empties  into  said 
river,  and  thence  due  east  to  said  south  bank  at  the 


40  LAWS  OF   MISSISSIPPI. 

month  of  said  Bayou,  thence  in  an  eastwardly  di- 
rection along  the  south  bank  of  said  Bayou  to  the 
southwest  corner  of  the  bridge  crossing  the  same, 
thence  in  a  direction  nearly  southeast,  and  in  a  di- 
rect line,  to  the  northeast  corner  of  the  quarter  lot 
enoloeure  of  Dr.  William  G.  Williams  on  Magnolia 
street  in  said  town,  thence  in  a  southwardly  direc- 
tion, and  in  a  direct  line,  to  the  southeast  corner  of 
the  lot  occupied  by  Hiram  L.  Winters  on  the  road 
leading  from  Rodney  to  Oakland  College,  thence 
due  south  until  the  line  intersects  the  north  bound- 
ary of  the  tract  of  land  owned  by  George  Hay, 
thenc«  west  to  Commerce  street  of  said  town, 
thence  south  and  along  the  east  line  of  said  Com- 
merce street  and  the  continuation  thereof  in  the 
Rodney  and  Fayette  Road  three  hundred  yards, 
thence  due  wast  to  the  centre  of  the  main  channel 
of  the  Mississippi  river,  and  thence  up  the  centre 
of  said  main  channel  to  the  place  of  beginning. 

Sec.  2.  Be  it  further  enacted.  That  this  act  shall 
be  deemed  a  public  act,  and  shall  take  effect  and  b% 
in  force  from  and  after  its  passage. 

Approved,  August  2,  1861. 


CHAPTER    XIV. 

AH  ACT  entitled  "An  act  to  prohibit  the  sale  of  vinous 
and  intoxicating  liquors  in  the  town  of  Sarepta  in  Calhoun 
county,  and  in  one  mile  thereof. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Missisrippi,  That  it  shall  not  be  lawful  for 
the  Board  of  Police  of  the  county  of  Calhoun  to 
grant  to  any  person  a  license  to  retail  vinous  or 
spirituous  liquors  in  the  town  of  Sarepta  in  the 
county  of  Calhoun,  or  within  one  mile  of  the  limits 
of  said  town. 

Sbc.  2.  Be  it  further  enacted,  That  it  shall  not 
be  lawful  for  any  person  to  sell  vinQus  or  spirituous 
liquors  in  any  quantity  whatever  in  the  said  town  of 
Sarepta,  or  within  one  mile  thereof;  but  this  act 
shall  not  apply  to  druggists,  physicians,  and  grocers 
filing  such  liquors  in  good  faith  for  medicinal, 


LAWS   OF   MISSISSIPPI.  41 

sacramental,  or  culinary  purposes,  they  having  un- 
doubted evidence  that  the  said  vinous  and  intoxi- 
cating liquors  shall  Vie  used  for  said  purposes,  and 
subjected  to  the  same  regulations  now  or  hereafter 
to  be  provided  by  law1;  and  any  person  offending 
against  the  provisions  or  this  act  shall  be  liable  to 
indictment,  and  on  conviction  shall  he  subject  to 
the  same  penally  imposed  for  retailing  such  liquors 
without  a  license;  and  this  act  shall  take  effect  and 
be  in  force  from  and  alter  fl  passaged 
Approved.  Augusl  2,  1801. 


riiAiTER  XV. 

AN  ACT  to  make  the  Statute  Laws.of  the  State  applicable 
to  ll)*1  Confederate  States. 

Be  il  enacted  by  \  \  '  tfie  Stoje  oj 

Mississippi,  That  all  provisions   contained  in  the 

laws  of  rids  Slate  applicable  to  the  United  States. 
or  the  States  and  territories  of  the  said  United 
States,  shall  hereafter  be  deemed  end  taken  to  ap- 
ply to  the  Cohfedora'l  tcsof  America,  and  the 
States  and  Territories  thereof,  now  existing  or 
hereafter  to  be  enacted*  or  aamittecj,  in  the  sajne 
manner,  and  t'o  the  same  extent,  that  -  isions 
were  intended  to  apply' to  tl  pnited  States 
and  Tei  ritories.  ai  cl  provisions  shall 
not  hereafter  applyfa)  .  tied  States,  or 
tbe  States  or  Territories  thereof,  and  that  whenever 
in  the  said  laws  the  term  United  States  occurs,  the 
same  shall  be  understood  and  taken  to  mean  the 
Confederate  States,  and  not  the  said  United  States, 
in  the  same  manner  as  if  the  words  '-Confederate 
States"  had  been  used  instead  of  (he  words  United 
States  :  Provi  led,  that  the  printed  statute  laws  of 
the-  United  States,  and  of  the  several  States  and 
Territories  thereof  and  copies  of  recorded  deeds 
and  other  writings,  and' of  the  Land  Office  records, 
books  and  files,  from  tie' -aid  Tinted  States,  or  the 
States  or  Territories  thereof,  or  from  the  District 
of*  Cohimoia,  shall  be  admissible  in  evidence  in  the 
courts  of  tins  State,  as  heretofore';  And  proridr,!. 


42  LAWS   OF   MISSISSIPPI. 

that  the  exemption  from  taxation  of  any  person  re- 
siding in  this  State  who  performed  military  service 
in  the  army  of  the  United  States  in  the  revolution- 
ary Avar  with  Great  Britain,  and  the  exemption 
from  military  service  in  time  of  peace,  of  all  officers 
and  soldiers  who  served  in  the  army  of  the  United 
States  in  the  war  Avith  Mexico,  and  received  an 
honorable  discharge,  shall  not  be  repealed  or  im- 
paired by  this  act;  and  that  this  act  shall  take 
effect  from  its  passage. 
Approved,  August  6, 1861. 


CHAPTER  XYI. 

AN  ACT  to  exempt  from  Military  duty  certain  citizens  of 
Harrison  county  during  the  present  war. 

Section  1.  Beit  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  J.  B.  Knight,  E:  T. 
Rogers,  and  M.  S.  Curtis,  engaged  in  the  manufac- 
ture of  gunpoAvder,  on  the  Back  Bay  of  Biloxi,  in 
the  county  ef  Harrison,  shall  be,  and  arc  hereby 
exempted  from  military  duty  during  the  present 
Avar ;  Provided,  they  continue  in  that  employment 
during  that  time. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  its  passage. 

Approved,  August  6, 1861.. 


* 


CHAPTER  XVII. 

AN  ACT  to  suspend  all  laws  making  appropriations  to  the 
Agricultural  Bureau  and  Agricultural  Societies  during 
tho  'pendency  of  the  war. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
Stcde  of  Mississippi,  That  all  laws  now  in  force  in 
this  State  making  appropriations  to  the  Agricul- 
tural Bureau,  and  Agricultural  Societies,  be,  and 
the  same  are  hereby  suspended  during  the  pendeney 
of  the  Avar  between  the  old  United  States  aiul  the 

onfederato  States  of  America, 


LAWS  OF   MISSISSIPPI.  4B 

Sec.  2.  Be  il  further  enacted,  That  the  Auditor 
of  Public  Accounts  be,  and  he  is  hereby  directed 
to  not  issue  any  warrant  for  the  payment  of  money 
under  any  of  the  acts  now  in  force,  to  the  Agricul- 
tural Bureau,  or  any  of  the  Agricultural  Societies 
in  tliis  State,  or  to  any  person  acting  for  or  in  be-  • 
half  of  said  Bureau  or  Societies  during  the  pen- 
dency  of  the  existing  war. 

Sec.  3.   Be  if  furth  r  i  nacted.  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage; 

Approved.  August  '!.  1801. 


CHAPTER  XVill. 

AX  ACT  to  control  the  funds  arising  from  the  sale  of 
runaway  slaves  in  Hinds  county. 

Section  1 .  Be  if  enacted  tnj  the  Legislut<in'  of  tJ><- 
State  of  Mississippi.  That  the  Board  of  Police  of 
Hinds  county  be,  and  is  hereby  authorized  to  con- 
trol the  use  of  all  funds  now  in  the  hands  of  the 
Treasurer  of  said  county  arising  from  the  sale  of 
runaway  slaves. 

Sec.  '1.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved.  August  6,  1861. 


CHAPTER  XIX. 

AN  ACT  to  provide  for  the  custody  and  preservation  of  the 
records  and  Judicial  proceedings  of  the  Circuit  and  District 
Courts  of  the  United  States  in  this  State. 

Section  1.  Be  it  mooted  by  the  Legislature  of  the 

State  of  Mississippi,  That  the  records  and  judicial 
proceedings,  civil  and  criminal,  pending  and  being 
in  the  Circuit  and  District  Courts  of  the  United 
States  in  this  State,  on  the  9th  day  of  January, 
1861,  and  the  enforcement  of  judgments  rendered 
therein,  shall  be  regulated  and  controlled,  and  in 
all  respects  be  governed  and  proceeded  in,  in  ac- 


4J  LAWS   OF   MISSISSIPPI. 

con/lance  with  the  provisions  of  the  act  of  the  Con- 
gress of  iko  Confederate  States,  entitled  '"An  act 
to  establish  the  Judicial  ConiM  ?  of  the  Confederate 
states  of  America."  approved  March  16, 1861,  and 
flic  acts  amendatory  thereof;  Provided,  that  the 
proceedings  therein  shall  be  subject  to  the  provi- 
sions and  he  made  in  ac<  ■•  with  the  require- 
ments of  an  act  of  the  Legislature,  of  this  State, 
passed  at  the  present  session  thereof,  entitled  "An 
act  to  modify  the  collection  laws  of  this  State. 

Sec.  2.  Be  it  further  enacted,  That  section  four 
of  "An  ordinance  concerning'  the  jurisdiction  and 
property  of  the  United  Sta  tea  of  America,"  adopted 
January  IT.  1861,  be,  and  the  same  is  hereby  re 
pealed. 

Approved.  August,  6.  186 J., 


CHAPTER  XX. 

AN  ACT  to  change  the  time  of  holding  the  Probate  Court 
of  Wayne  county. 

Be  it  enacted  by  ike  Eegislattire  <>/'  the  Slate  of 
Misslssij)j)i,  That  the  Probate  Court  of  the  county 
of  Wayne  shall  be  held  on  the  third  Mondays  of 
January,  March,  May.  July.  September,  and  No- 
vember, at  the  Court  House  in  the  town  of  Win- 
chester; and  that  this  law  shall  be  in  force  from 
and  after  its  passage. 

Approved  July  .'>!.  1  861 , 


CHAPTER  XXT. 

AN  ACT  for  the  relief  of  the  Sureties  of  John  M.  Girault, 
late  Tax  Collector  of  the  county  of  Claiborne. 

Whereas,  a.  judgment  was  recovered  in  the 
Circuit  Court  of  the  county  of  Claiborne,  at  the 
October  term,  I860,  by  the  State  of  Mississippi,  for 
the  use  of  the  said  county,  against  John.M.  Girault, 
tax  collector  of  said  county,  and  Samuel  J.  Bridges, 


LAWS   OF   MISSISSIPPI.  45 

and  others,  sureties  on  his  official  bond,  for  a  large 
sum  of  money,  which  by  law  bears  interest  at  the 
rate  of  thirty  per  cent,  per  annum;  and.  whereas, 
it  is  represented  that  the  said  Clirault  is  wholly  in- 
solvent, and  thai  the  payment  of  said  judgment 
will  devolve  on  his  sureties,  and  thai  time  lias  been 
given  to  the  said  sureties,  by  the  Board  of  Police 
of  said  county,  until  The  1st  dav  of  danuarv.  A.  D. 
1802:  therefore. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  if  Mississippi,  That  lie  Board  <d*  Police 
of  said  county  of  ( !laibome,  be,  and  they  are  hereby 
authorized  to  reduce  the  rate  of  interest  on  the 
said  judgment,  on  the  -aid  Johil  M\  (i  irauli,  and 
his  sureties,  from  thirty  per  cent,  to  ten  per  cent. 
per  annum,  and  to  remil  the  difference  between  the 
said  rates:  and  that  this  act  take  effect  from  it^ 
passage. 

Approved.  August  -.  1861. 


OHAPTEKfJXXII. 

AN  ACT  to  amend  an  ordinance  of  the  Convention  of  the 
State  of  Mississippi,  adopted  the. 23d  July,  1861,  entitled 
"An  ordinance  to  regulate  the  Military  System  of  the 
State  of  Mississippi, J  and  al^o  an  ordinance  adopted  by 
the  said  Convention  on  the  30th  of  March,  1861,  entitled 
"An  ordinance  to  authorize  the  Governor  of  the  State  of 
Mississippi  to  transfer  Volunteers  to  the  service  of  the 
Confederate  State?,"  and  for  other  purposes. 

Section  1 .  Be  if  toimfod  l>;i  tlvk  frpgislaithe  of  the 

State  of  Mississippi,  That  the  ordinances  mentioned 
in  the  title  to  this  lull  he.  and  the  same  are  hereby 
so  amended,  that  all  volunteer  companies  who  arc- 
now  enlisted,  or  may  hereafter  he  enlisted,  in  the 
service  of  the  State  of  Mississippi,  under  the  pro- 
vision of  the  first  named  ordinance,  may  at  any 
time  hereafter,  with  their  consent,  and  on  requisi- 
tion of  the  President  of  the  Confederate  States  of 
America,  be  transferred  to  tin;  service  of  the  said 
Confederate  States,  by  the  Governor  of  the  State 
of  Mississippi,  for  such  period  of  time  as  such  re- 
quisition may  fix ;  Provided,  that  nothing  herein 


46  LAWS   OF    MISSISSIPPI. 

contained  shall  be  so  construed  as  to  require  the 
consent  of  said  .volunteers  to  be  transferred  from 
the  State  to  the  Confederate  service  for  a  period  of 
one  year  or  less  time. 

Sec.  2.  Be  it  farther  enacted,  Thai,  any  volun- 
teer heretofore  mustered  into  the  service  of  the 
State  of  Mississippi,  or  may  be  hereafter  mustered 
into  said  service,  and  who  is  desirous  of  entering 
into  the  service  of  the  Confederate  States  of  Amer- 
ica, for  and  during  the  war,  upon  ids  own  request, 
may  be  entitled  to  be  transferred  to  said  service: 
Provided,  lie  shall  first  produce  to  the  Governor,  to 
be  filed  in  the.  Adjutant  General's  office,  the  certifi- 
cate of  the  Captain  of  the  company  accepted  for 
t  e  Confederate  service,  either  by  the  Governor  of 
the  State  of  Mississippi,  under  a  requisition  from 
the  Confederate  States,  or  by  the  said  President, 
without  such  requisition,  that  he  has  entered  said 
service.  •    . 

Sec.  3.  Be  it  farther  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved.  August  6. 1861. 


CHAPTER  XXIII. 

AN  ACT  to  remove  the  civil  disabilities  of  Joel  R.  TJaugh, 
a  volunteer  minor  in  the  county  of  Covington. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  Joel  11.  Baugh,of  Cov- 
ington county,  a  minor  under  the  age  of  twenty-one 
years,  be,  and  he  is  hereby  declared  competent  to 
contract  and  be  contracted  with,  sue  and  be  sued, 
and  do  and  perform  any  acts  and  things,  as  'fully 
and  to  all  intents  and  purposes  as  binding  upon 
him  and  the  parties  with  whom  he  may  act  and 
contract,  as  though  he  had  attained  the  age  of 
twenty-one  years ;  Provided,  that  nothing  contained 
in  this  act  shall  be  so  construed  as  to  confer  upon 
said  minor  the  right  of  suffrage  before  he  has  at: 
tained  the  age  of  twenty-one  years. 


LAWS   OF   MISSISSIPPI,  47 

Sec.  2;  Be  ii  further  eneided,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved.  July  31,  1801. 


CHAPTEB  XXIV. 

AN  ACT  to  red  ace  the  salary  of  the  Adjutant  General  of 
this  State. 

Be  it  enacted  by  the  Legitfativre  <f  the  State  of 
Mississippi.  That  the  7th  section  of  an  act  entitled 
"An  act  further  to  regulate  the  militia  and  volun- 
teer system,"  approved  February  10,  1800,  be  so 
amended  that  hereafter  the  salary  of  the  Adju:ant 
(Jcncral  shall  be  five  hundred  dollars  per  year  in- 
stead of  fifteen  hundred  dollars,  as  in  said  section 
is  provided  :  and  that  tin's  act  shall  take  effort  from 
its  passage. 

Approved,  A.iigust  6,  1661 . 


(  !  I  AFTER  XXV. 

AX  xlCT  to  change  the  time  of  Election  of  School  Com- 
missioners in  Green  county. 

Section  1 .  Be  if  enhcted  by  tlk  L<  (*idat*M  <>f  li» 
State  of  Mississippi,  That  the  election  for  School 
Commissioners  in  the  county  of  Green,  shall  be 
held  on  the  1st  Monday  in  October  next,  and  bien- 
nially thereafter,  and  said  Commissioners  shall  hold 
their  offices  for  two  years. 

Sec  2.  Be  (•further  enai  ted,  Thai  this  act  take 
effect  from  and  after  its  passage. 

Approved,  July  31,  1861.    '      % 


CHAPTER  XXYL 

AX  ACT  for  the  relief  of  J.  C.  Murray  and  J.  \V.  Doak, 

Be  it  enacted  by  the  Legishrfure  of  the  State  of 
Mississippi,  That  the.  School  Commissioners  of 
Lafayette  county  be,  and  they  arc  hereby  author- 
ized and  empowered  to  examine  and  allow  any  ac- 
ppunl  for  the  tuitiqa  of  proper  Beheftcfyrie    pj 


4S  »  LAWS   OF   MISSISSIPPI. 

Lafayette  county  for  services  rendered  in  eighteen 
hundred  and  sixtv-one.  (1861,)  by  the'said  J.  C. 
Murray  and  J.  W\  Doak,  as  teachers;   and  that 
tins  act  take  effect  from  and  after  its  passage. 
Approved.  July  31,  1861. 


CHAPTER  XXVIL 

AN  ACT  to  provide  additional  compensation  to  the  Clerks 
of  the  Police  Courts  of  De  Soto  and  Tunica  counties. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Board  of  Police  of 
De  Soto  county  may,  at  their  discretion,  allow  the 
Clerk  of  the  Police  Court  of  said  county  a  com- 
pensation, not  exceeding  one  hundred  dollars  a 
year,  for  all  services  required  of  him  not  expressly 
provided  for  by  law,  payable  out  of  the  County 
Treasury  of  said  county. 

Sec.  2.  Be  it  further  enacted,  That  the  provi- 
sions of  this  act  be  extended  to  the  county  of 
Tunica. 

Sec.  3.  Be  it  further  enacted.  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  July  31,  1861. 


CHAPTER  XXVIIL 

AN  ACT  to  change  the  time  of  holding  the  Probate  Court 
of  Smith  county. 

Section  1  .•  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  time  of  holding  the 
Probate  Court  of  Smith  county  be  changed  so  that 
a  term  of  said  court  shall  be  held  once  a  month, 
commencing  each  term  on  the  first  Monday  in  each 
month. 

*r.c.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  its  passage. 

Approved,  July  31,  1861. 


LAWS  OF   MISSISSIPPI.  49 

y     CHAPTER  XXIX. 

AN  ACT  to  authorize  tho  Commissioners  of  the  Sixteenth 
Section,  of  Township  7,  Piange  13,  east,  to  make  titles  to 
the  said  16th  Section. 

Be  it  enacted  by  the  LegtslatvJre  <:>/'  the  Stale  of 
Mississ\ppL  That  the  Commissioners  of  the  lGth 
section,  township  7,  range  13,  east,  in  Newton 
comity,  be,  and  they  are  hereby  authorized  and  re- 
quired to  make  titles  to  said  16th  section,  to  the 
several  purchasers  thereof,  upon  the  paying  all 
sums  of  money  due  for  the  purchase  of  the*  same  : 
and  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  July  :;i.  1861. 


CHAPTER  XXX. 

AN  ACT  for  the  relief  of  Fanning  Jones  of  Panola  county. 

Whereas,  Fanning  Jones,  of  Panola  county,  did. 
on  the  11th  day  of  September,  1856,  enter  from  the 
State,  the  east  half  of  section  eleven,  (11,)  town- 
ship twenty-eight,  (28,)  range  four,  (4,)  west,  at  the 
price  of  one  dollar  and  seventy-five  cents  per  acre ; 
and  wdiereas,  it  afterwards  appeared,  that  the  north 
east  quarter  of  said  section  had  been  previously 
entered,  so  that  said  Jones  only  obtained  title  to 
one-half  of  the  land  paid  for  by  him ;  now,  there- 
fore, 

•Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  a  warrant  be  issued  by 
the  Auditor  of  Public  Accounts  to  Fanning  Jones, 
for  the  sum  of  two  hundred  and  seventy-eight  dol- 
lars and  ninety  cents,  to  be  paid  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  and 
charge  the  same  to  account  of  Internal  Improve- 
ment fund. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  ite  passage. 

Approved,  July  31, 1861. 


50  LAWS   OF   MISSISSIPPI. 

CHAPTER  XXXI. 

AN  ACT  to  remove  the  civil  disabilities  of  Benjamin  P. 
Herndon,  a  minor,  of  Madison  county. 

Section  1.  Be  it  enacted  by  the  tiegistuiuri  of  the 
State  of  Mississippi,  That  Benjamin  P.  Herndon, 
now  about  nineteen  years  of  age,  a  minor  of  Madi- 
son county,  be,  and  lie  is  hereby  authorized,  from 
and  after  the  passage  of  this  act,  to  take  and  re- 
ceive all  the  estate  to  which  he  is  entitled,  personal 
and  real,  now  in  possession  of  his-mother,  Mary  G. 
Herndon,  in  said  county,  and  that  he  have  full 
power  and  authority  to  jnanagf  and  control  said 
*  estate,  and  all  other  property  to  which  ho  may  be- 

come entitled,  as  fully  anql  lawfully  as  if  he  had 
attained  the  age  of  majority  prescribed  by  law, 
and  that  he  may  sue  and  be  sued,  plead  and  be  im- 
pleaded, in  all  courts,  in  like  manner  as  if  he  had 
attained  the  age  of  majority  as  aforesaid. 

Sec.  2.  Be  it  furl 'Iter  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  July  Bl,  1861. 


CHAPTER  XXXlf. 

AN  ACT  for  the  relief  of  Prederick  Brougher,  of  Panola 
county,  Mississippi. 

^  Whereas,  on  the  18th  day  of  March,  1857,  the 
Secretary  of  State  sold  to  Frederick  Brougher  the 
north  half  of  the  northwest  quarter  of  section  No. 
three,  (3,)  of  township  No.  twenty-seven,  (27,)  range' 
No.  two,  (2.)  west,  as  containing  eighty-five  (85) 
acres,  at  six  dollars  per  acre,  amounting  to  five 
hundred  and  ten  dollars,  (510,)  when  the  said  tract 
of  land  only  contained  seventy-two  and  fifty  hun- 
dredths (72\50-100)  arches,  which,  at  six  dollars  an 
acre,  would  amount  to  four  hundred  and  thirty-five 
dollars ;  and  whereas,  the  said  money  overpaid  into 
the  Treasury,  by  said  Frederick  Brougher,  ought 
to  be  refunded;  therefore, 


LA'WS   OP   MISSISSIPPI.  51 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  ''Mississippi,  That  the  Auditor  of  Public 
Accounts  is  hereby  authorized  to  issue  his  warrant 
in  favor  of  the  said  Frederick  Brougher,  for  the 
sum  of  seventy-five  dollars.  ($7f>.)  being  the  amount 
overpaid  by  said  Frederick' Brougher,  in  the  pur- 
chase of  the  north  half  of  the  northwest  quarter  of 
section  No.  three,  (3,)  township  No.  twenty-seven, 
(27,)  range  Xo.  two.  (2,)  west,  and  that  the  amount 
of  said  warrant  shall.be  charged  to  the  Chickasaw 
School  Fund. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved.  July  31,  1861. 


CHAPTER  XXXIII. 

AX   ACT  to  repeal  the  act  incorporating  the  town  of 
Ocean  Springs. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  all  acts  and  parts  of 
acts  heretofore  passed  by  this  Legislature,  incorpo- 
rating the  town  of  Ocean  Springs,  in  the  county  of 
Jackson,  be,  and  they,  are  hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  its  passage. 

Approved,  July  31,  1861. 


.    CHAPTER  XXXIV. 

AN  ACT  supplementary  to  an  act  entitled  "An  act  to  amend 
the  Charter  of  Incorporation  of  the  Hazlehurst  Male  aud 
Female  Institute,"  approved  July  5,  1860. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  section  second  in  said 
act  of  amendment,  which  reads  as  follows,  "that 
the  following  words  and  figures  be  added  to  article 
5,  to-wit,  provided  said  donor  shall  enter  one  or 
more  scholars  in  said  Institute,  be,  and  the 'same  is 
hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  That  so  much  of 
the  original  charter,  in  article  third  thereof,  con- 
cerning the  powers  of  Trustees  as  is  embraced  in 


52  LAWS   OF   MISSISSIPPI. 

the  following  words,  to-wit,  i-  Elect  their  successors 
in  office,"  be,  and  the  same  is  hereby  repealed. 

Sec.  3.  Be  it  further  enacted,  That  the  follow- 
ing words  and  figures  be  added  as  an  amendment 
to  said  original  charter  as  article  7th,  to-wit:  that 
said  Trustees,  within  one  month  previous  to  the 
expiration  of  their  term  of  office,  shall  call  a  meet- 
ing of  the  donors  annually,  by  giving  at  least  ten 
day's  notice  thereof,  by  posting  or  publishing  in 
some  newspaper  printed  in  the  county,  for  the  pur- 
pose of  choosing  a  new  Board  of  Trustees ;  which 
Trustees  shall  be  chosen  from  among  the  donors  of 
the  Institute,  the  shareholders  voting  in  person  or 
by  proxy,  according  to  the  regulation  in  the  origi- 
nal charter,  and  said  Trustees  shall  commence  the 
duties  of  their  office  at  the  expiration  of  the  year 
for  which  their  predecessors  were  elected. 

Sec.  4.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  July  31.  1861. 


be  erect 
ed 


CHAPTER  XXXV. 

AN  ACT  to  incorporate  the  DeSJoto  Bridge  Company,  and 
for  other  purposes. 

Section  1.  Be  it  enacted  by, the  Legislature  of  the 
State  of  Mississippi,  That  G.  D.  Pippin,  M.  B. 
Knight,  John  P.  Partee,  W.  N.  Weems,  J.  Marti- 
where  to  nieroc,  and  such  other  persons  whom  they  may  as- 
sociate with  them,  or  who  may  become  associated 
with  them  by  subscription,  or  otherwise,  be,  and 
they  are  hereby  incorporated  into  a  company  under 
the  name  and  style  of  the  "  De  Soto  Bridge  Com- 
pany,'' to  exist  for  a  period  not  longer  than  twenty 
years  from  this  date,  with  power  to  erect  a  bridge 
across  the  river  Chickasawhay,  at  a  point  as  near 
clue  east  from  the  town  of  T)e  Soto  as  may  be  prac- 
ticable or  convenient. ! 

Sec.  2.  Be  it  further  enacted,  That  the  said  Com- 
pany hereby  created,  shall  have  power  to  raise  by 
subscription  a  sum  of  money  not  exceeding  five 
thousand  dollars,  for  the  purpose  of  constructing 


LAWS   OF   MISSISSIPPI.  58 

the  bridge  mentioned  in  the  first  section,  and  by 

their  corporate  name  may  contract .for  the  construc- 
tion of  the  same,  and  thereby  bind  themselves  and' 
their  associates  for  the  payment  of  the  amount  bo 
contracted  for  labor  and  material,  and,  in  addition, 
the  mechanic  or  contractor  shall  have  a  subsisting 
lein  upon  said  bridge  until  he  shall  receive  full 
compensation  according  to  his  pontrafft. 

Sec.  ?>.  Be  U  furtlier,  eipacied,   That  said  Com- 
pany shall  organize  as  soon  as  possible,  by  choosing 
live  Directors,  Who  shall  from  themselves  choose  a  Of  Direc- 
President.  and  Secretary,  who  shall  continue  in  office  tors- 
one  year,  and  until  their  successors  arc  appointed. 

Sec.  i.  Br  it  further  enacted,  That  said  Com- 
pany shall  n;m'  power  to  declare  said  bridge  free 
or  toll  as  they  see  proper  :  Provided,  that  if  they 
dedare  it  a  toll  bridge,  do  subscriber  to  the  stock 
thereof  shall  be  permit  led  to  pass  free  until  the 
sum  subscribed  by  hint  or  her  shall  be  paid  off  and 
discharged:  And,  provided  further,  that  if  said 
bridge  be  declared  a  toll  bridge,  the  said  President 
and  Secretary  shall,  on  behalf  of  said  Company. 
comply  with  the  provisions  of  law  now  in  force 
relating  to  toll  bridges  ;  the  provisions  of  this  act 
shall  not  conflict  with  article  forty-second,  section 
eleven,  chapter  fifteen,  of  the  Revised  Code. 

Sec.  5.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  duly  31.  1861. 


CHAPTER  XXXVI. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  incorporate 
the  Carroll  County  Manufacturing  Company. 

Section  1.  Bc:J  :.  'tec  by  ilie  Legislature  of  the 
State  of.  Mississippi,  That  the  corporate  name  of 
the  ll  Carroll  County  Manufacturing  Company"'  be, 
and  is  hereby  changed  to  that  of  the  t;  Manassas 
Mills,''  and  by  that  name  shall  sue  and  be  sued, 
plead  and  be  impleaded,  and  conduct  all  the  busi- 
ness transactions  of  said  Company  by  the  nam*,  of 
the5  Manassas  Mill  ■ 


54  LAWS   OF   MISSISSIPPI. 

Sec.  2.  Be  it  farther  enacted,  That  said  Com- 
pany, in  addition  to  the  powers  heretofore  granted, 
shall  have  full  power  to  make  all  kinds  of  machi- 
nery and  manufacture  all.  articles  not  prohibited  by 

the  constitution  and  laws  of  this  State. 

Sec.  3.  Be  it  further  enacted.  That  the  said 
Company  shall  have,  and  are  hereby  granted  au- 
thority to  increase  their  capital  stock  to  the  extent 
of  five  hundred  thousand  dollars,  and  shall  have 
and  enjoy  the  corporate  existence  and  privileges 
heretofore  conferred  upon  them  for  and  during  the 
term  of  fifty  years  from  and  after  the  passage  of 
this  amendment. 

Sec.  -i.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  August  1, 1861. 


CHAPTER  XXXVII. 

AN  ACT  to  ratify  a  contract  entered  into  by  the  Mayor  and 
Aldermen  of  the  City  of  Jackson  and  James  H.  Bowman. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That,  whereas,  on  the  7th  day 
of  July,  1856,  a  contract  was  entered  into  by  the 
Mayor  and  Aldermen  of  the  city  of  Jackson  with 
James  H.  Bowman,  by  which  the  said  Bowman 
contracted  to  erect  a  Hotel  in  the  city  of  Jackson, 
and,  whereas,  the  said  Board  of  Mayor  and  Alder- 
men, by  said  contract,  conferred  certain  immunities 
and  privileges  upon  said  Bowman,  on  account  of 
the  erection  of  said  Hotel,  and,  whereas,  the  High 
Court  of  Errors  and  Appeals  have  decided  that 
said  contract  was  illegal,  and  that  the  Board  of 
Mayor  and  Aldermen  of  the  city  of  Jackson  had 
no  power  to  enter  said  contract,  or  grant  the  ex- 
clusive privileges  therein  granted,  and,  whereas,  the 
said  Bowman  has  performed  his  contract  in  good 
faith  :  Be  it  therefore  enacted,  that  the  Board  of 
Mayor  and  Aldermen  of  the^  city  of  Jackson,  be, 
and  they  are  hereby  authorized,  upon  the  petition 
in  writing  of  a  majority  of  the  legal  voters  of  the 


LAWS   OF   MISSISSIPPI.  55 

city  of  Jackson,  to  make  such  compensation  as  they 
may  deem  expedient  to  the  said  James  H.  Bowman, 
in  iieu  of  the  exclusive  privileges  and  advantages 
contemplated  in  the  above  recited  contract. 

Sec.  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  the  day  of  its  passage. 

Approved,  August  5, 1861. 


CHAPTEB    XXXVIII. 

AX  ACT  to  amend  an  act  entitled  "An  act  in  relation  to 
Slaves,  Free  Negroes,  and  Mulattoes."   • 

Se<  itioh  J .  Be  it  enacted  />.>/  the  Legislature  of  the 
SU 1 1 e  of  . /I t iss iss //•/./.  Thai  any  person  who  shall 
be  convicted  of  any  offence  described  in  the  41st 
article  of  the  .thirty-third  chapter  of  the  Revised 
Code,  may,  in  the  discretion  of  the  Court,  be  im- 
prisoned in  the  county  jail  of  the  county  in  which 
the  conviction  shall  take  place,  for  a  period  of  not 
more  than  six  months  in  addition  to  the  fine  now 
imposed  by  said  article. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
be  in  force  from  and  after  its  passage. 

Approved,  August  1, 1861. 


CHAPTKR  XXXIX. 

AN  ACT  to  amend  the  Charter  of  the  Citv  of  Jackson. 

Section  1.  Be  it  enacted  by  tie  Legislature  of  the 
State  of  Mississippi,  That  hereafter  a  writ  of  error 
to  the  High  Court  of  Errors  and  Appeals  shall  lie 
from  any  final  judgment  or  sentence  of  the  Mayor 
and  Aldermen  of  said  city  of  Ja'ckson.  and  excep- 
tions may  be  taken  and  signed  by  the  Mayor  in  the 
same  manner  as  in  the  Circuit  Courts. 

Sec.  '2.  Be  it  further  enacted.  That  any  party 
aggrieved  by  any  final  judgment  or  sentence  of  the 
said  Mayor,  or  Mayor  and  Aldermen,  made  within 
the  last  two  years,  or  hereafter  to  be  made,  shall  be 


5G  LAWS    OF   MISSISSIPPI. 

entitled  to  said  writ  of  error,  if  prosecuted  within 
three  years  after  the  date  of  said  final  judgment 
or  sentence. 

Sec.  4.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  lie  in  force  from  and  after  its  pas- 
sage. 

Approved.  Angus!  6,  1861. 


CHAPTER  XJj. 

AN  ACT  to  prohibit  the  sale  of  intoxicating  liquors  in  any 
quantity  in  Beat  No.  17,  in  the  county  of  Tippah,  and  for 
other  purposes. 

Section  1.  Beit  endpted  by  the  Legislature  of the 
State  of  Mississippi.  That  it  shall  riot  be  lawful 
for  any  person  to'  sell  vinous *or  spirituous  liquors 
in  any  quantity  in  Beat  No.  17,  in  the  county  of 
Tippah,  except  for  medicinal  or  sacramental  pur- 
poses, and  any  person  offending  against  the  provi- 
sions of  this  act,  shall  be  liable  to  indictment,  and, 
on  conviction,  shall  be  subject  to  the  same  penalty 
imposed  for  retailing  such  liquors  without  license. 

Sec.  2.  Be  it  further  enacted,  That  the  provi- 
sions of  this  act  be  applied  to  Beat  No.  one,  in  the 
county  of  Copiah. 

Sec.  3.  Be  it  further  enacted.  That  this  act  shall 
take  effect  from  its  passage. 

Approved,  August  5, 186! . 


CHAPTER  XL1. 

AN  ACT  for  the  relief  of  Wm,  H.  Rogers,  Assessor  of  - 
.Scott  county. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  Auditor  of  Public 
Accounts  be  authorized  and  required  to  issue  his 
warrant  on  the  Treasury  in  favor  of  Wm.  H. 
Rogers,  Assessor  of- Scott  county  for  the  year  1860, 
for  the  amount  of  commissions  due  said  Assessor 


on  said  assessment  of  I860  ;  Provided,  the  said 
Assessor  shall  first  present  to  the  Auditor  a  certifi- 
cate of  the  Clerk  of  the  Probate  Court  of  said 
county,  certifying  that  said  Assessor  has  furnished 
to  the  Clerk  a  Military  roll  of  said  county,  as  pro- 
vided by  an  act  further  to  regulate  the  Militia  and 
Volunteer  System,  approved  February  10,  1860 

Sec  2.  Be  it  further  emoted,  That  said  Assessor 
shall  be  exempt  from  anv  penalty  or  forfeiture  • 
Provided,  in  said  act  of  I860,  on  his  complying 
with  its  provisions,  as  provided  for  in  the  first  sec- 
tion of  this  bill. 

Sec.  3.  Beit  further  enacted,  That  this  act  take 
eilect  and  be  in  force  from  and  after  its  passage 

Approved,  August  1, 1861. 


CHAPTER  XL II. 

AN  ACT  to  divide  the  State  of  Mississippi  in  seven  Con- 
gressional Districts. 

Section  J .  Be  it  enacted  by  the  Legislature  of  the 
btateof  Mississippi,  That  this  State  shall  be  and 
the  same  is  hereby  divided  into  seven  Congressional 
Districts,  in  pursuance  of  the  census  of  I860  as 
follows,  to-wit :  ' 

i  District  No.  1  shall  contain  the  following  coun- 
ties viz:  Marshall,  Lafayette,  Yallobusha,  Calhoun, 
Tallahatchie,  DeSoto,  Panola,  and  Chickasaw. 

District  No.  2  shall  comprise  Tishomingo,  Tip- 
pah,Itawamba,  Pontotoc,  and  Monroe. 

District  No.  3.  shall  comprise  Lowndes,  Oktib- 
beha, Noxubee,  Kemper,  Winston,  Choctaw,  and 
Neshoba. 

District  No.  1  shall  comprise  Tunica,  Coahoma, 
tfolivar,  Washington,  Issaquena,  Warren,  Clai- 
borne, Jefferson,  Adams,  and  Copiah. 

District  No.  5  shall  comprise  Sunflower,  Carroll 
Attala,  Holmes,  Leake,  Madison,  and  Yazoo. 

District  No.  6  shall  comprise  Hinds,  Kankin 
bcott,  Newton,  Lauderdale,  Simpson,  Smith,  Jasper, 
and  Clark.  *    ' 

L-9 


58  LAWS  OF  MISSISSIPPI. 

District  No.  7  shall  comprise  Franklin,  Amite, 
^lilkinson,  Pike,  Lawrence,  Covington,  Jones, 
Wayne,  Green,  Perry,  Marion,  Hancock,  Harrison, 
and  Jackson. 

Sec.  2.  Be  it  further  enacted.  That  the  laws 
heretofore  in  force,  and  contained  in  the  Revised 
Code  of  1857,  in  relation  to  the  election  of  mem- 
bers of  Congress  in  the  United  States,  be,  and  the 
same  are  declared  applicable  to  the  election  of 
members  of  Congress  in  the  Confederate  States  of 
America. 

Sec.  3.  Beit  further  enacted,  That- this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved ,  August  5 ,  1861. 


CHAPTER  XLIIT. 

AN  ACT  for  the  relief  of  Evelina  M.  Hammett. 

Whereas,  William  H.  Hammett  lately  de- 
parted this  life,  in  the  county  of  Washington,  leav- 
ing no  children  or  descendants  surviving  him,  but 
leaving  his  widow,  Evelina  M.  Hammett,  and  it 
being  supposed  that  the  said  Hammett  was  an  alien 
at  the  time  of  his  decease,  and  there  being  some 
doubt  whether  his  estate,  under  the  law,  hag  es- 
cheated to  the  State  of  Mississippi,  or  whether  his 
widow  is  entitled  to  the  same  ;  therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of  tin 
State  of  Mississippi,  That  the  State  of  Mississippi 
hereby  gives,  grants,  transfers,  and  assigns,  to  the 
said  Evelina  M.  Hammett,  widow  of  William  H. 
Hammett,  deceased,  all  the  right,  title,  claim  and 
interest  of  the  State  of  Mississippi  which  it  has 
acquired  by  escheat  in  and  to  the  estate  and  pro- 
perty of  every  kind  of  William  H.  Hammett,  de- 
•  ceased. 

Sec.  2.  Be  it  further  enacted,  That  the  District 

Attorney  be  required  to  proceed  forthwith  to  have 

D  .     f  the  escheat  of  the  property  and  estate  of  the  said 

District0    William  H.  Hammett  judicially  declared  according 

Attorney,  to  the  provisions  of  the  law,  and  when  so  declared; 


LAWS  OF   MISSISSIPPI.  &9 

that  the  same  inure  to  the  benefit  and  use  of  the 
said  Evelina  M.  Hainmett,  according  to  the  provi- 
sions of  the  first  section  of  this  act,  the  said  Evelina 
M.  Hammett  paying  all  costs  and  charges  incident 
to  or  arising  out  of  such  proceedings. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Eve- 
lina M.  Hammett  may  use  the  name  of  the  State  of 
Mississippi  for  her  benefit  in  any  suit  necessary  to 
recover  any  of  the  estate  or  property  of  said  Wil- 
liam H.  Hammett,  deceased,  or  to  maintain  or  de- 
fend her  right  and  title  to  the  same,  or  which  may 
be  necessary  and  proper  to  establish  her  right  and 
title  thereto,  she  the  said  Evelina  M.  Hammett 
paying  all  costs  and  charges  thereof. 

Sec.  4.  Be  it  further  enacted,  That  this  act  take 
effect  from  its  passage. 

Approved,  August  5, 1861. 


CHAPTER  XLIY. 

AN  ACT  to  authorize  the  issuance  of  Patents  for  Lands  in 
certain  cases. 

Whereas,  the  Convention  of  this  State  having 
directed  the  sale  of  lands  by  the  Registers  and  Re- 
ceivers of  the  several  land  offices  of  this  State,  by 
an  ordinance  entitled  "An  ordinance  to  authorize 
the  sale  of  waste  and  unappropriated  lands  in  the 
State  of  Mississippi,"  adopted  March  28,  1861  ; 
and,  whereas,  there  is  no  provision  made  by  said 
Ordinance,  or  otherwise,  for  the  issuance  of  a 
patent  to  the  purchaser  of  land  under  said  ordi- 
nanc ;  therefore, 

Be  it  enacted  by  t/w  Legislature  of  the  State  of 
Mississippi,  That  upon  the  presentation  by  the  pur- 
chaser to  the  Secretary  of  State  of  a  receipt  signed 
by  the  receiver  of  the  proper  land  office,  showing 
payment  to  have  been  made  for  the  land,  the  Secre- 
tary of  State  shall  thereupon  issue  to  the  purchaser 
a  patent  conveying  to  him  the  title  to  the  land  pur- 
chased as  in  other  cases  of  land  conveyed  by  patent 
by  the  Secretary  of  State,  and  in  all  cases  where 
any  person  shall  be  entitled  to  a.  patent' for 
L— 10 


LAWS   OF   MISSISSIPPI. 

any   laud,  by   virtue  of  any   of   th  ipiion 

laws  of  the  United  to  the 

9 tli  day  of  January,   j 86 * ,   or  e,   tlie 

Secretary  of  State  shall  have  po  .  atehfa 

therefor,  on  the,  compliance  by  the  person  entitled 
thereto,  with  the  requirements  of  the  law;-;  in  rela- 
tion thereto. 

Approved,  August  5,  1861. 


CHAPTER  XLV. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  aid  in  repair- 
ing and  perfecting  the  Lsvee  of  the  Mississippi  Kiver  in 
the  counties  of  De  Soto,  Tunica,  Coahoma,  Bolivar,  Wash- 
ington, and  Issaquena,"  approved  December  2, 1858. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi.  That  it  shall  be  the  duty  of  the 
Notice,  President  of  the  Boa,  J  of  Levee  Commissioners, 
how  given  whenever  a  location  of  the  levee  is  made  on  or 
through  the  lands  of  any  person,  to  give  notice  to 
such  person  that  such  location  has  been  made,  which 
notice  shall  be  given  personally  to  the  owner  of  the 
land,  if  he  can  be  found  in  the  county,  and  if  not 
so  found,  by  filing  the  same  with  the  Clerk  of  Board 
of  Police  of  the  county;  and  any  person  who  may 
feel  himself  aggrieved  by  such  location  of  the  levee, 
shall  notify  the  Board  of  Police  of  the  county  in 
which  the  lands  lie,  on  or  before  the  second  regular 
meeting  of  the  Board  after  such  notice  has  been 
given,  and  thereupon  such  proceedings  shall  be  had 
to  ascertain  the  damages  sustained  by  the  party  in 
consequence  of  such  location,  in  manner  and  form 
as  provided  in  the  nineteenth  section  of  the  act  to 
which  this  is  an  amendment. 

Sec.  2.  Beit  further  enacted;  In  all  cases  where 
the  levee  has  heretofore  been  located  and  not  yet 
constructed,  and  the  party  through  or  on  whose 
land  the  same  has  been  located  will  make  oath  that 
he  did  not  know  of  such  location  until  after  the 
second  meeting  of  the  Board  of  Police  subsequent 
to  such  location,  and  in  consequence  thereof  did 
not  notify  the  said  Board  of  Police  that  he  felt 


LAWS  OP   MISSISSIPPI.  61 

himself  aggrieved  by  such  location  as  provided  bi- 
section nineteen  of  the  act  aforesaid,  it  shall  be 
competent  for  all  such  persons  to  notify  the  Board 
of  Police,  at  the  second  regular  meeting  of  the 
Board  of  Police  of  the  county  in  which  the  lands 
are  situated,  of  his  dissent  from  such  location,  and 
thereupon  an  inquiry  of  damages  shall  be  had  in 
manner  and  form  provided  in  the  nineteenth  section 
of  the  act  aforesaid,  and  in  the  event  such  levee 
shall  have  been  built,  then  it  shall  be  the  dut; 
the  President  of  the  Board  of  Levee  Commr 

to  pay  to  such  party  such  dan:  be 

ascertained  (o  be  <Jue  him  as  aforesaid  ;  Provided 
howwer.  thai  the  President  of  the  Board  of  Levee 
Commissioner.-;  may  contest  the.  truth  of  the  affida- 
vit denying  noticcof  the  location  as  aforesaid  ; 
and  if  j(  shall  appear  that  the  party  making  such 
affidavit  had  notice  of  the  location  of  said  levee 
before  the  second  meeting  of  the  Board  of  Policv 
after  the  location  was  made,  then  no  inquiry  of 
damages  shall  be  awarded  as  aforesaid. 

Sec.  3.  Be  it  farther  enacted,  That  should  any 
person  or  persons  summoned  to  assess  said  dam- 
ages fail  to  attend,  the  Sheriff  shall  immediatelv 
summon  others  in  their  place,  and  lie  shall  return 
such  defaulters  to  the  Board  of  Police,  and  thev 
shall  be  fined  each  in  the  sum  of  twentv  dollars, 
unless  sufficient  excuse  be  macfe. 

Sec.  4.  Beit  further  enacted,  That  this  act  shall 
fake  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved.  August  5,  1861. 


CHAPTER  XL VI. 

AN  ACT  to  Incorporate  the  Marshall  County  Mrnufactur- 
ing  Company. 

Whereas,  Wiley  A.  P.  Jones,  Wm.  S.McEl- 
wame,  E.  G.  Barney,  and  J,  Howard  Athey  have 
now  m  successful  operation  a  Foundry  Establish- 
ment in  the.  City  of  Holly  Springs,  county  of  Mar- 
snail,  and  State  of  Mississippi :  therefore. 


1 2  LAWS  OF  MISSISSIPPI. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the 
State  of  ^Mississippi,  That  the  aforesaid  Wiley  A. 
Style  of  P.  Jones,  Wm.  S.  McElwaine,  E.  G.  Barney,  and  J. 
Company.  Howard  Athey,  together  with  those  who  may  here- 
after become  stockholders,  in  the  manner  hereinaf- 
ter prescribed  their  successors  and  assigns,  be,  and 
they  are  hereby  created  a  body  corporate,  by  the 
name  and  style  of  the,  Marshall  County  Manufac- 
turing Company,  and  by  that  name  may  sue  and  be 
sued,  plead  and  be  impleaded,  answer  and  be  an- 
swered, in  any  court  of  law  or  equity,  and  contract 
and  be  contracted  with,  and  shall  be  capable  of 
purchasing,  holding  and  alienating  all   kinds  of 
property,  real,  personal  and  mixed,  for  the  purpose 
of  carrying  on  in  the  county  of  Marshall,  and  State 
^Character  °f  Mississippi,  a  General  Manufactory  in  wood, 
of  Manu-  iron,  woolen  and  cotton  yarns,  and  other  fabrics, 
factory,      fire  arms,  and  other  ordinances,  and  for  the  erection 
of  all  additional  buildings,  and  the  making  or  pur. 
chasing  additional  machinery;  and  said  corporation 
shall  bave  power  to  make  and  enforce  any  by-laws, 
not  contrary  to  the  constitution  of  the  State  of 
Mississippi,  which  may  be  necessary  to  carry  into 
effect  the  provisions  of  this  act  and  the  purposes 
thereof. 

Sec.  2.  Be  it  further  enacted,  That  the  capital 
stock  of  said  company  shall  be  fifty  thousand  dol- 
Of  Capi-  lars,  to  be  divided  into  shares  of  one  hundred  dol- 
tal  Stock,  lars  each,  and  said  shares  shall  be  transferable  by 
assignment  agreeable  to  the  by-laws  of  said  com- 
pany. 

Sec.  3.  Be  it  farther  enacted,    That  the   above 

named  persons,  or  a  majority  of  those  who  may 

consent  to  act  as  such,  shall  be  commissioners,  who 

Books  of  may  au^orize  any  two  or  more  of  their  number  to 

tion  open-  °Pen  D0°ks  for  receiving  subscriptions  for  the  capi- 

ed.  tal  stock  of  said  corporation,  in  the  town  of  Holly 

Springs,  and  at  such  other  places,  and  at  such  times, 

as  they  may  deem  expedient ;   not  less  than  ten 

days'  notice  shall  be  previously  given  by  them,  in 

one  or  more  newspapers,  published  in  the  State  of 

Mississippi,  of  the  time  and  place  of  opening;  said 

Sireetors  books,  and  so  soon  as  the  stock  shall  be  subscribed, 
^loct!  they  shall  give  like  notice  for  a  meeting  of  the 
t&  stockholders,  to  elect  directors  at  the  time  and 


LAWS  OF  MISSISSIPPI.  *  63 

place  appointed,  and  three  or  more  directors  shall 
be  chosen,  by  ballot,  by  such  stockholders  as  shall 
attend  for  that  purpose,*  either  in  person  or  by 
proxy;  each  share  of  the  capital  stock  shall  entitle 
the  holder  to  one  vote  ;  a  new  election  of  directors 
shall  be  held  annually,  at  such  time  and  place  as 
the  stockholders  at  their  first  meeting  may  appoint : 
but  if  no  election  shall  1*  made  on  the  day  ap- 
pointed, such  election  may  be  held  at  any  other 
time  and  place  that  may  be  appointed  by  the  by-law.- 
of  the  corporation,  and  the  directors  chosen  at  any 
election  shall  continue  in  office  until  their  succes- 
sors are  elected  and  qualified,  and  as  soon  after 
their  election  as  may  be  convenient,  shall  hold  a 
meeting  and  elect  one  of  their  number  president ; 
and  if  a  vacancy  shall  occur  in  said  Board  of  Di- 
rectors by  death,  resignation,  or  otherwise,  said 
vacancy  may  be  tilled  by  the  remaining  directors, 
or  a  majority  of  them,  until  the  next  regular  elec- 
tion ;  a  majority  of  said  directors,  with  the  presi- 
dent, shall  form  a  board,  and  be  competent  to  trans- 
act all  business  of  the  corporation,  and  in  the  event 
of  the  absence  of  the  president,  from  any  cause 
whatever,  the  directors  present  shall  elect  one  of 
their  number  president,  pro  tern. 

Sec.  4.  Be  it  further  enacted,  That  upon  every 
subscription  for  stock  there  shall  be  paid  at  the  Subscrip- 
time  of  subscribing,  to  the  person  or  persons  au-  tions,  how 
thorized  to  open  said  books,  the  sum  of  twenty  five  Paid- 
dollars  on  each  share  subscribed  for,  and  the  resi- 
due thereof  shall  be  paid  in  such  instalments  and 
at  such  time  as  may  be  agreed  by  the  president  and 
directors  of  said  company  to  the  Treasurer  thereof. 
No  payment  other  than  the  first  shall  be  required 
until  at  least  thirty  days'  notice  of  said  require- 
ments shall  have  been  given  by  the  president*  and 
directors  in  some  newspaper  published  in  said 
county  of  Marshall,  or  by  personal  service,  and 
said  commissioner  or  commissioners  who  may  re- 
ceive said  first  instalment,  shall  forthwith  after  the 
election  of  directors  pay  over  to  said  directors  all 
moneys  so  received.  0    , 

Sec.  5.  Be  it  further  enacted,  That  if  any  stock-  ijnque£t 
holder  shall  fail  or  neglect  to  pay  any  instalment  shared 
or  part  of  said  subscription  demanded,  as  aforesaid,  dew. 


64  «  Mississippi. 

for  thirty  days  after  the  same  shall  be  due  and 
payable,  the  said  president  and  directors,  upon  giv- 
ing thirty  days'  notice  thereof,  by  advertisement  in 
^ome  newspaper  in  said  ©ounty  of  Marshall,  may, 
and  they  are  hereby  authorized  to  sell,  at  public 
auction,  so  many  shares  of  said  delinquent  stock- 
holder or  stockholders'  stock,  as  may  be  necessary 
to  pay  such  instalment  and  the  expenses  of  adver- 
tising and  sale,  and  transfer  the  share  or  shares  so 
sold  to  the  purchaser,  and  the  residue  of  money, 
after  paying  such  instalment  and  expenses,  if  any, 
shall  be  paid  to  such  delinquent  stockholder  on  de- 
mand. 

Sec.  6.   Be  it  further  ciuidaL   That  the  presi- 
Powers  of  dent  and  directors  of  said  company  shall  be,  and 
Company,  they  are  hereby  invested  with  all  the  rights  and 
privileges  and  powers  requisite  and  necessary  for  a 
general  manufacturing  business  as  above  provided 
in  section  first,  or  for  any  or  either  of  them,  as 
above  named,  and  to  make  and  contract  all  build- 
ings and  work  whatever  that  may  be  contracted  for 
by  them,  to  be  built  of  work  of  their  manufacture, 
or  for  the  construction  of  all  additional  buildings 
and  machinery  which  may  be  necessary  and  expe- 
dient in  carrying  on  said  business  ;  they  shall  have 
power  to  appoint  a  Treasurer,  clerks  and  managers, 
•and  such  other  officers  as  to  them  may  appear  ne- 
cessary to  conduct  the  business  of  the  company,  and 
require  bonds  for  the  faithful  performance  of  their 
duties  ;  they  shall  have  power  to  make  contracts 
with  any  person  or  persons  for  the  furnishing  of 
anything  manufactured  by  the  company,  to  require 
from  the  stockholders,  from  time  to  time,  instal 
ments  upon  their  stock  until  the  whole  is  paid  in, 
to  call  general  meetings  of  the  stockholders  when- 
ever the  general  interest  of  the  company  may  re- 
quire it,  and  all  the  property  acquired  under  and 
by  virtue  of  this  act,  and  all  profits  which  shall  ac- 
crue from  the  same,  shall  be  vested  in  said  company. 
Sec.  7.  Be  it  further  enacted,  That  at  the  regu- 
Dividends  lar  annual  meeting  of  the  stockholders  of  said  com- 
how  de-    pany,  it  shall  be  the  duty  of  the  president  and  di- 
clared.       rectors  in  office  for  the  previous  year,  to  exhibit  a 
clear  and  distinct  statement  of  the  affairs  of  the 
.    company,  and  the  president  and  directors  shall  an* 


LAWS  OF  MISSISSIPPI.  65 

nually  or  semi-annually  declare  and  make  such  di- 
vidend as  they  may  deem  proper  of  the  profits 
arising  therefrom ,  .deducting  the  net  current  and 
probable  contingent  expense?,  and  they  shall  divide 
the  same  among  the  stockholders  in  proportion  to 
their  respective  shares. 

SfcOi  8.   Be  it  fittfther  enpeted,   That  said    presi- 
dent and  directors  shall   issue  certificates  of  stock      Certifi- 
in  said  company  to  all  stockholders,  setting  forth  cates  ot 
the  number  of  shores  held  by  each,  and  the  amounts  stock  how 
paid  thereon,  which  certificates  shall  be  signed  by  ,s<3Ued- 
the  President,  and  countersigned  by  the  Treasurer, 
and  shall  be  transferable  by  the  owner  under  such 
rules  and  regulations  as  the  president  and  directors 
may  adopt,  bitt  no  transfer  shall  be  made  until  all 
instalments  due  and  payable  sliall  have  been  paid. 

Sec.  9.    Be 'it  fuftlh  '  </.    That  it  shall  be 

lawful  foi'  said   president  and  directors  to  receive  Donations 
doifn lions,  borrow  money,  and  secure  the  payment  how  re- 
of  the  same,   by  a  pledge  of  the  property  of  the  ceived. 
company,   and  make  and  issue  evidences  for  such 
loans,  or  other  assurances  for  the  payment  thereof, 
such  evidence  of  loan  being  always  of  an  amount 
equal  to  amount  of  loan. 

Sec.  10.  'Be  it  furt)ier  enacted,  That  this  act  shall 
be  favorably  construed  to  effect  the  purpose  thereof 
intended,  and  copies  thereof  printed  by  the  State 
shall  be  received  as  evidence  thereof. 

Sec.  11.  Be  U  further  enacted,  That  should   the 
capital  hereby  granted  be  not  sufficient  to  accom-      Capital 
plish  the  purposes  intended,   the  corporation  may  inaybein- 
incrcase  the  same  to  an  amount  not  exceeding  five  creased, 
hundred  thousand  dollars,   and  the   stockholders 
may  at  any  general  meeting  increase  the  number  of 
directors,  a  majority  of  whom  shall  constitute  a 
quorum  to  do  business. 

Sec.  12.  Beit  farther  enact  ed .  That  the  president 
and  directors,  or  any  number  of  stockholders  own-  Meetings 
ing  one-third  of  the  whole  amount  of  stock,  may  of  stock- 
call  a  general  meeting  of  the  stockholders  by  giv-  holders, 
ing  at  least  thirty  days'  notice  thereof  in  any  news-  howcall- 
paper  published  in  the  said  county  of  Marshall,  and  e 
specifying  in  said  notice  the  object  of  the  call,  and 
a  majority  of  the  stockholders  being  represented. 
L— 1:> 


66 


LAWS   OP   MISSISSIPPI. 


they  may  make  such  order  relative  to  the  affairs  of 
the  company  as  they  may  think  proper. 

Sec.  13.  Be  it  further  enacted,  That  it  shall  be 
Books,  the  duty  of  said  directors  to  cause  to  be  kept  by  a 
how  kept,  competent  clerk  or  clerks  books  of  account,  in 
which  shall  be  entered  all  moneys  received  and 
disbursed,  all  purchases  and  sales  made,  all  things 
else  pertaining  to  the  carrying  on  and  management 
of  the  business  as  aforesaid,  which  books  shall  be 
subject  at  all  times  to  the  inspection  of  the  stock- 
holders under  the  supervision  of  said  clerk  or 
clerks. 

Sec.  14.  Be  it  further  enacted,  That  no  stock- 
holder shall  at  any  time  sell  or  transfer  his  share 
or  shares  in  said  capital  stock,  or  any  part  thereof, 
to  any  person  or  persons  whatsoever  not  a  stock- 
holder in  the  company,  without  first  giving  to  the 
company,  by  written  notice  to  the  board  of  direc- 
tors, the  preference  to  purchase  such  share  or  shares 
so  intended  to  be  sold  or'  transferred,  at  such  $rice 
or  rate  as  he  or  they  could  obtain  from  such  other 
person  or  persons  not  a  stockholder  in  said  com- 
pany, and  all  assignments  of  stock  shall  be  made 
on  the  books  of  the  company. 

Sec.  15.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 


Stocks, 
how 
trans- 
ferred. 


Approved,  August  5,  18(11. 


CHAPTER  XLVI1. 

AN  ACT  to  amend  an  act  entilted  "An  act  to  regulate  the 
Sale  of  Vinous  and  Spirituous  Liquors  contained  in  Chap- 
ter 20  of  the  Revised  Code." 


Section  1.  Be  it  enacted  In/  the  Legislature  of  the 
State  of  Mississippi,  That  if  any  person,  whether 
licensed  or  not,  shall  hereafter  sell  any  vinous  or 
spirituous  liquors,  or  any  intoxicating  drinks,  to 
any  Indian,  slave,  or  free  negro,  either  with  or 
without  the  consent  or  previous  permission  of  the 
mastor  or  owner  pf  such  slave,  the  person  so  offend* 


LAWS  OP  MISSISSIPPI.  67 

ing  shall  be  liable  to  indictment,  and  on  conviction 
shall  be  punished  by  confinement  in  the  peniten- 
tiary, for  a  term  of  not  less  than  two  years,  nor 
more  than  five  years. 

Sec.  2.  Beit  further  enacted,  That  the  14th  sec- 
tion of  chapter  20  of  the  Revised  Code  shall  not 
apply  to  the  offence  of  selling  vinous  and  spiritu- 
ous liquors,  or  other  intoxicating  drinks,  to  Indians, 
slaves,  or  free  negroes,  committed  after  the  passage 
of  this  act,  but,  as  to  such  offenders,  the  said  article 
shall  be  deemed  suspended  and  repealed  by  this 
act. 

Sec.  3.  Be  it  further  enacted,  That  if  any  slave 
owner  shall  permit  his  or  her  slave  to  purchase  any 
intoxicating  liquor,  for  the  use  of  such  slave  or 
other  slaves,  such  owner  shall  be  fined  not  less  than 
one  hundred  dollars,  nor  more  than  one  thousand 
dollars,  for  each  and  every  offence. 

Sec.  4.  Be  it  further  enacted.  That  this  act  is  not 
intended  or  designed  to  place  any  restraint,  or  let 
or  hindrance,  on  the  right  of  the  master  to  order, 
either  in  person  or  by  writing  sent  by  his  slave, 
any  quantity  of  liquor  for  the  use  of  his  master  or 
family  from  any  person  authorized  to  sell. 

Sec.  5.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  August  5,  1861. 


CHAPTER   XLVII1. 

AN  ACT  to  punish  tampering  With  Slaves  and  otherwibe 
amend  the  Criminal  Laws  of  this  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  tlie 
State  of  Mississippi,  That  if  any  white  person  shall 
advise  or  conspire  with  any  slave  or  slaves  to  rebel 
or  make  insurrection  against  the  white  inhabitants 
of  this  State,  or  shall  in  anywise  aid,  assist  or  abet 
any  slave  or  slaves  making  rebellion  or  insurrec- 
tion, or  shall  advise  or  assist  any  slave  or  slaves  in 
the  murder  of  any  person  whatsoever,  or  in  the 
commission  or  the  attempt  to  commit  any  felony, 
L—14 


68  L4^S  OF  MISSISSIPPI. 

or  sjiall  consult,  advise  or  conspire  with  any  other 
white  person,  free  negro,  or  any  slave  or  slaves,  to 
induce,  entice  or  excite  any  slave  or  slaves  to  rebel 
or  make  insurrection,  or  commit  other  felony,  or 
shall  tamper  witjh  any  slave  or  slaves  to  induce 
them  to  run  away  from  iheir  master  or  lawful  em- 
ployer, or  to  commit  any  crime,  or  shall  teach  or 
attempt  to  teach  any  slave  or  slaves  any  seditious, 
revolutionary  or  rebellious  sentiments,  every  such 
white  person  so  offending  shall,  on  conviction,  be 
deemed  guilty  of  felony,  and  shall  be  imprisoned  in 
the  penitentiary  not  less  than  ten  years,  and  for 
such  longer  period  as  the  court  trying  the  offence 
may  direct. 

Sec.  2.  Be  it  further  enacted.  That  tin's  act  shall 
take  effect  and  be  in  force  in  thirty  (lavs  from  and 
after  its  passage. 

Approved,  August  0.  1861. 


CHAPTER  XLIX. 

AN  ACT  to  suspend  the  collection  of  the  ten  cent  Levee  tax 
in  certain  counties. 

Section  1.  Be  it  enacted  hi/  the  Legislature  of  the 
State  of  Mississippi,  That  the  collection  of  the  tax 
often  cents  per  acre  per  annum,  assessed  by  an  act 
entitled  "An  act  to  aid  in  repairing  and  perfecting 
the  levee  of  the  Mississippi  river  in  the  counties  of 
De  Soto,  Tunica,  Coahoma,  Bolivar,  Washington, 
and  Issaquena,''  approved  December  2,  1858,  be, 
and  the  same  is  hereby  suspended  during  the  pre- 
sent war  between  the  United  States  and  the  Con- 
federate States  of  America,  and  until  the  first 
Monday  of  April  next  thereafter,  and  from  said  1st 
Monday  of  April  of  each  year,  for  the  number  of 
years  the  said  tax  had  to  v\m  at  the  time  of  said 
suspension. 

■  Sec.  2.  Be  it  farther  enacted,  That  the  collection 
of  the  tax  of  ten  cents  per  acre  per  annum,  assessed 
by  an  act  entitled  "An  act  to  provide  for  the  pay- 
ment of  the  indebtedness  of  certain  counties  of  the 
Mississippi  River  Levee  District,"  approved  Feb. 


Laws  of  Mississippi.  69 

10,  1860,  be,  and  is  hereby  suspended  for  the  same 
period,  and  on  the  same  conditions,  as  provided  in 
the  first  section  of  this  act  in  reference  to  the  tax 
assessed  by  the  act  therein  mentioned;  but  the  tax 
specified  in  said  first  section  shall  bo  iirst  collected 
in  the  manner  therein  provided,  and  annually  after- 
wards shall  be  collected  the  tax  assessed  by  the  act 
above  specified,  approved  February  10,  I860. 

Sec.  8.  Bt  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved.  August  6,  1861. 


CHAPTER  J,. 

A^  ACT  to  authorize  the  Boards  of  Police  of  Tunica  and 
Coahoma  counties  to  issue  Scrip  in  payment  for  Levee 
work. 

Sectiox  1 .  Be  it  enacted  by  the  Legislature  of  the 
Stair  if  Mississippi,  That  the  Board  of  Police  of 
the  counties  of  Tunica  and  Coahoma  be,  and  they 
are  hereby  authorized  to  issue  the  scrip  of  said 
counties,  respectively,  bearing  eight  per  cent,  per 
annum  interest,  in  payment  for  work  and  labor 
done  in  building  or  repairing  levies  therein ;  Pro- 
vided, that  the  amount  of  scrip  so  issued  in  any  one 
year,  including  the  interest  thereon  until  its  matu- 
rity in  either  county,  shall  not  exceed  the  sum  which 
would  accrue  from  a  tax  of  fifteen  cents  per  acre 
for  that  year  on  the  taxable  lands  of  the  county; 
and  the  date  of  the  maturity  of  the  scrip  issued  the 
first  year;  or  the  year  ending  the  first  of  April,  A.  D. 
L862',  shall  He  the  first  day  of  April,  A.  D.  1863, 
and  annually  thereafter  as  to  scrip  issued  in  subse- 
quent years. 

Sec*  2.  Be  it  farther  enacted,  That  a  tax  of 
fifteen  cents  per  acre  per  annum  is  hereby  assessed 
upon  the  taxable  lands  of  said  counties,  respectively, 
to  be  due  and  payable  on  the  iirst  day  of  March  of 
each  and  every  year,  beginning  with  the  first  of 
-March,  A.  I).  1863,  and  to  be  collected  conformably 
to  the  local  levee  laws  of  said  counties,  and  applied 


70  IiAWS  OP  MISSISSIPPI. 

under  the  directions  of  their  Boards  of  Police,  re* 
spectively,  to  the  payment  at  maturity  of  the  scrip 
issued  by  them. 

Sec.  3.  Beit  further  enacted,  That  the  provisions 
of  section  7,  (seven,)  of  an  act  entitled  ''An  act  to 
provide  for  the  payment  of  the  indebtedness  of 
certain  counties  of  the  Mississippi  River  Levee 
District/''  approved  Feb.  10, 1860,  be,  and  the  same 
are  hereby  extended  to  and  incorporated  within 
this  act. 

Sec.  4.  Be  it  further  enacted.  That  section  21  of 
an  act  entitled  aAn  act  to  aid  in  repairing  and  per- 
fecting the  levee  of  the  Mississippi  river  in  the 
counties  of  DeSoto,  Tunica,  Coahoma,  Bolivar, 
Washington,  and  Issaquena,"  approved  December 
2,  1858,  be,  and  the  same  is  hereby  repealed  as  to 
the  counties  of  Tunica  and  Coahoma. 

Sec.  5.  Be  it  further  enacted,  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved,  August  6,  1861. 


CHAPTER  LI. 

AN  ACT  to  amend  the  Criminal  Laws  in  relation  to 
Adultery  and  Fornication. 

Section  1.  Beit  enacted  by  the  Legistature  of  the 
State  of  Mississippi,  That  if  any  man  and  woman 

Penalty,  shall  live  together  in  unlawful  cohabitation,  wheth- 
er the  same  be  in  adultery  or  fornication,  and 
whether  the  woman  be  slave  or  free,  either  party 
so  offending  shall  be. fined  in  any  sum  not  less  than 
one  thousand  dollars,  and  imprisoned  not-more  than 
twelve  months,  at  the  discretion  of  the  court ;  Pro- 
vided, that  this  section  shall  not  authorize  the  in- 
dictment and  punishment  of  any  slave. 

Sec.  2.  Beit  further  enacted,  That  in  any  indict- 
ment under  the  first  section  of  this  act  it  shall  not 

Of  proof  ^e  necessary  to  charge  who  is  the  owner  of  any 
such  slave,  nor  to  prove  the  ownership  as  alledged, 
but  it  shall  be  sufficient  if  the  indictment  charge 
that  the  female  with  whom  the  cohabitation  is  al- 


LAWS  OF   MISSISSIPPI.  71 

ledged  is  a  white  woman,  a  free  negro,  or  a  slave, 
as  the  case  may  be. 

Sec.  3.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  he  in  force  from  and  after  its  pas- 
sage. 

Approved,  August  6.  1861. 


CHAPTER  L1I. 

AN  ACT  Supplemental  to  "An  act  to  amend  the  Charter 
of  the  City  of  Jackson. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  the  right  to  prosecute  a 
writ  of  error  from  the  final  sentence  or  judgment 
of  the  Mayor,  or  Mayor  and  Board  of  Aldermen, 
of  the  city  of  Jackson,  provided  for  by  the  act  to 
whicli  this  is  a  supplement,  shall  not  apply  in  any 
case  in  whicli  the  amount  of  said  final  sentence  or 
judgment  does  not  exceed  the  sum  of  thirty  dollars. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  August  6, 1861. 


CHAPTER  LIII. 

AN  ACT  making  csrtain  appropriations  therein  named. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  t/w 
State  of  Mississippi,  That  the  following  sums  be 
allowed  and  paid  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated : 

Article  1.  To  I.  Strauss,  for  sundry  articles 
furnished  the  House,  as  per  account,  $4  25. 

Art.  2.  To  Angelo  Miazza,  for  615  lbs.  Ice,  at 
10  cts.,  $61  50. 

Art.  3.  To  C.  A.  Moore,  for  mucilage  and  knife 
furnished  the  House,  $3  75. 

Art.  4.  To  A.  Reed,  for  services  attending  on 
the  Hall  from  25th  July  to  date,  13  days,  at  1  50 
per  day,  add  50  cts,  for  paste,  $20  00, 


72  LAWS   OF   MISSISSIPPI. 

Art.  5.  To  \Ym.  Brown  and  John  Barle,  pages 
of  the  House,  at  $2  00  per  diem,  fur  13  dajs  efceh. 
00,— $52  00. 

Art.  G.  To  E;  Barksdale,  for  copies  Daily 

Mississippian  for  the  use  of  the  Legislature  during 
this  session, -the  sum  of  $50  00. 

Art.  7.  To  E.  Barksdale.  for  printing  done  for 
the  House  during  the  session,  $158  20. 

Art.  8.  To  Madison  McAfee,  for  Jeffrey  for  at- 
tending on  the  Senate -13  days,  at  $1  50  per  day, 
and  50  cts.  for  paste,  $20  00." 

Art.  9.  To  W.  H.  Terrett,  for  services  as  Libra* 
rian,  pro  tern.,  9  days,  at  $3  00  per  day,  (to  be  de- 
ducted from  the  salary  of  Mr.  Johns,  Librarian.) 
127  00. 

Art.  10.  To  H.  Shackelford,  Senate  pase,  >~  0,0 
per  diem  for  13  days,  $26  00. 

Art.  11.  To  servant  Jacob,  for  service-  rendered 
in  hauling  water  to  the  Capitol,  for  the  use  of  the 
Legislature,  one  week,  $4  00. 

SEC.  2.  Be  it  further  enacted,  That  this  act  shall 
be  sufficient  authority  for  the  payment  of  the  re- 
spective sums  of  money  hereinbefore  specified :  Pro- 
vided, that  the  Auditor  of  Public  AcconuL,  shall 
be,  and  he  is  hereby  required  to  take  from  the  per- 
sons, respectively,  to  whom  appropriations  are 
herein  made,  a  receipt  in  full  to  this  date,  for  ser- 
vices and  items  stated  in  their  respective  claims: 
and  this  act  shall  take  effect  and  be  in  force  from. 
and  after  its  passage. 

Approved,  August  0,  1861. 


CHAPTER  LIV. 

A  BILL  to  be  entitled  an  act  to  suspend  the  appropriation 
for  the  Geological  Survey  of  this  State  during  the  war  be- 
tween the  United  States  and  the  Confederate  States  of 
America. 

Section  1.  Be  it  enacted  bu  the  Legislature  of  the 
State  of  Mississippi,   That  the  appropriation   to 
Exeep-      carry  on  the  Geological  Survey,  and  all  laws  ac- 
tions to      thorizing  the  same,  be,  and  the  same  are  hereby 
this  act      suspended  until  the  close  of  the  war,  and  for  twelve 
months  thereafter,  except  the  sum  of  twelve  hun- 
dred and  fifty  dollars  per  annum,  which  shall  be 


LAWS   OF   MISSISSIPPI.  73 

applied  to  the  payment  of  the  salary  of  the  State 
Geologist,  and  the  purchase  of  such  chemicals  as 
may  be  necesi&iry  to  carry  the  analysis  of  soils, 
minerals,  and  mineral  water,  and  to  enable  him  to 
preserve  the  apparatus;  analysis,  and  other  pro- 
perty belonging  to  the  State  connected  with  said 
survey. 

Sec.  2.   Be  it  further  enacted,  That  the  approb- 
ation out  of  the  State  Treasury  of  five  hundred  Relating 
dollars  per  annum  for  the  purchase  of  books  for  the  to  State 
State  Library  be]  and  the  same  is  hereby  suspended  LlbraiT- 
during  the  war,  and  for  twelve  months  thereafter, 
and  that  the  Auditor  of  Public  Accounts  be  di- 
rected to  issue  warrants  in  accordance  with  the 
provisions  of  this  act,  and  that  it  take  effect  from 
and  after  its  passage. 

Approved,  August  6,4881. 


CHAPTER   LV. 

AN  ACT  to  enable  Volunteer  Companies,  in  the  service  of 
the  Confederate  States,  to  draw  the  amount  due  them  un- 
der the  loth  section  of  an  act  approved  Feb.  10,  1860, 
entitled  "An  act  further  to  regulate  the  Militia  and  Volun- 
teer System. 

Section  1 .  !:•  it  eniffled  Try  the  Legislature  <>f  the 
,Sla(c  of  Mississippi,  That  the  oath  required  of 
commanding  officers  of  companies  by  the  13th  sec- 
tion of  the  above  recited  act  be  authorized  to  be 
made  before  the  Colonel  or  commanding  officer  of 
the  regiment. 

Sec"  2.  Be  it  father  enacted.  That  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved.  August  (>,  1861. 


CHAPTER  LVI. 

AN  ACT  to  exempt  money  invested  in  Confederate  or 
State  Bonds  from  taxation. 

Section  1.  Be  it  exacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  all  money  invested  by 
the  citizens  of  this  State,  in  Confederate  or  State 


74  LAWS  OF  MISSISSIPPI. 

Bonds,  or  other  Confederate  or  State  securities,  be, 
and  the  same  is  hereby  exempt  from  taxation,  as 
money  loaned  at  interest. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
be  in  force  from  and  after  its  passage. 

Approved,  August  6, 1861. 


CHAPTER  LVII. 

AN  ACT  to  modify  the  Collection  Laws  of  this  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,  That  all  laws  for  the  collec- 
tion of  debts  and  liabilities,  on  bonds,  promissory 
notes,  bills  of  exchange,  open  accounts,  or  contracts 
for  the  payment  of  money,  are  hereby  suspended 
until  twelve  months  after  the  close  of  the  present 
war,  or  until  otherwise  ordered  by  law,  except  in 
cases  of  official  liabilities  on  the  part  of  public 
officers ;  And,  provided,  that  no  creditor  shall  be 
deprived  of  his  remedy  by  attachment,  as  now  pro- 
vided by  law. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall 
not  apply  to  parties  who  have  cases  now  pending 
in  the  courts,  and  who  agree  in  open  court  to  pro- 
ceed to  trial. 

Sec.  3.  Be  it  further  enacted,  That  no  execution 
or  venditioni  exponas,  founded  upon  any  judgment 
or  decree  obtained  previous  to  the  passage  of  this 
act,  shall  be  issued  for  the  sale  of  property  until 
otherwise  provided  by  law,  nor  shall  there  be  any 
sales  under  executions  or  writs  of  venditioni  expo- 
nas now  issued  or  levied,  nor  under  deeds  of  trust 
or  mortgages ;  Provided,  that  any  debtor  or  de- 
fendant who  may  have  property  in  the  hands  of  the 
sheriff,  under  levy  of  execution  or  venditioni  expo- 
nas, shall  within  sixty  days  after  the  passage  of 
this  act  replevy  the  same,  by  giving  bond,  with 
good  and  sufficient  security,  for  the  forthcoming  of 
the  property  when  tho  remedies  herein  suspended 
for  the  collection  of  debt  shall  be  reviyad. 


LAWS  OP  MISSISSIPPI.  78 

SEC.  4.  Be  it  further  enacted,  That  this  law  shall 
not  be  construed  to  discharge  the  lien  which  has 
already  been  acquired  by  due  process  of  law,  nor 
shall  the  time  during  which  this  law  is  in  force  be 
computed  in  any  case  where  the  statute  of  limita- 
tion comes  in  question. 

Sec.  5.  Be  it  further  enacted,  That  this  act  shall 
not  apply  to  contracts  or  liabilities  made  and  en- 
tered into  after  its  passage:  Provided  such  con- 
tracts or  liabilities  are  not  founded  on  indebtedness 
existing  prior  to  the  passage  of  this  act;  nor  shall 
this  act  apply  to  debts  due  to  the  school  funds  of 
the  several  townships  and  counties  of  this  State ; 
and  that  tills  act  take  effect  from  and  after  its  pas- 
sage. 

WILLIAM  A.  LAKE, 
Speaker  of  the  House  of  Representatives. 
JA.MES  DRANE, 
President  of  the  Senate. 
Approved,  August  5,  1861. 

JOHN  J.  PETTUS. 


[CERTIFICATE.] 

Secretary  ok  State's  Office. 

Jackson,  Mis?.,  September  2.  1861. 

This  is  to  certify  that  the  foregoing  printed  Acts,  Resolu 
tions  and  Memorials,  passed  at  a  called  session  of  the  Legis- 
lature of  the  State  of  Mississippi,  held  in  Jackson  in  the 
months  of  July  and  August,  in  the  year  one  thousand  eight 
hundred  and  sixty-one,  are  just  and  true  copies  from  the 
originals  in  the  office  of  the  Secretary  of  State. 

Given  under  my  hand,  and  the  great  seal  of  the  State  of 
of  Mississippi,  Hie  day  and  year  first  above 


I,,  s.j 

written. 


C.  A.  BROUGHER, 

Secretary  of  State. 


INDEX. 


ADJUTANT  GENERAL— an  act  to  reduce  the  sala- 
ry of, 47 

ADULTERY  AND  FORNICATION— act  to  amend 

the  Criminal  Laws  in  relation  to, 70 

AGRICULTURAL  BUREAU— an  act  to  suspend  all 
laws  making  appropriations  to  the  Agricul- 
tural Bureau  and  Agricultural  Societies 
during  the  pendency  of  the  war, 4$ 

APPROPRIATIONS— an  act'  making  certain  appro- 
priations,        •  1 

BONDS — an  act  to  exempt  money  invested  iu  Confed- 
erate or  State  bonds  from  taxation, 73 

COLLECTION  LAWS— an  act  to  modify  the  Collec- 
tion Laws  of  this  State, 74 

COMMISSIONERS  16th  Section— an  act  to  author- 
ize the  Commissioners  of .  the  Sixteenth 
Section,  of  Township  7,  Range  13,  east,  to 
make  titles  to  the  said  16th  Section, 49 

CONGRESSIONAL  DISTRICTS— an  act  to  divide 
the  State  of  Mississippi  in  seven  Congres- 
sional Districts • 57 

CONTENTS— first  eight  pages, 

COUNTY  POLICE— an  act  to  extend  the  powers  and 
to  confirm  the  acts  of  the  Boards  of  County 

Police  in  certain  cases, 31 

an  act  to  provide  additional  compensation  to 
the  Clerks  of  the  Police  Courts  of  De  Soto 

and  Tunica  counties, . .  .  .  .     48 

an  act  to  authorize  the  Boards  of  Police  of 
Tunica  and  Coahoma  counties  to  issue  Scrip 
in  payment  for  Levee  work, 69 

CONSTITUTION— bill  of  rights,  equality  of  rights, 
political  power,   and  right  to 

change  government, . , , , ,      1 

religious  worship  free  to  all,,. . . .      2 


SO  INDEX. 

CONSTITUTION— no  preference  given, 2 

truth  to  be  given  in  evidence, ....  2 
security  of  person,  &c,  from  search 

warrant. 2 

accused  how  heard  and  convicted,  2 
proceedings  in  indictable  offences,  3 
life,  &c.  not  to  be  put  twice  in 

jeopardy  for  the  same  offence. .  3 
justice  to  be  administered  to  all 

without  sale,  &c. 3 

power  of  suspending  laws,  <fcc, .  .  3 
excessive  bail  not  to  be  required, .       S 

bailable  offences, .  .  . 3 

when  debtor  not  to  be  imprisoned,       3 
no  conviction  shall  work  corrup- 
tion of  blood, •        3 

•  no  ex  post  facto  law,  etc.,  eligibili- 

ty to  office,  estates  of  suicides,.  4 
right  of  petition — to  bear  arms, . .  4 
no  standing  army,  no  soldiers  to 

be  quartered, •        4 

no  hereditary  emoluments,  etc.,..       4 
emigration  act  to  be  prohibited, . ,       4 
trial  by  jury,  prosecuting  or  do- 
fending  suits, 4 

tenure  of  office,  these  powers  ex- 
cepted out  of  the  general  pow- 
ers of  the  government,  distribu- 
tion of  powers, 4 

one  department  to  infringe  the 
powers  of  another,  legislative 

department, 5 

qualified  electors, 5 

electors  free  from  arrest, 5 

first  election  by  ballot,  others  reg- 
ulated by  law, ^      5 

legislative  how  vested  and  style  of 

laws, 6 

members  of,  how  chosen,  when 
chosen,  qualifications,  elections 

where  held, 6 

cities,  <fec,  when  entitled  to  sepa- 
rate representation, 6 

enumeration  and  apportionment,.       7 
the  number  of  representatives,  etc.,      7 


INDEX.  gl 

CONSTITUTION—senators,  how  apportioned,  sena- 
tors how  chosen  when  two  or 
more  counties,  senators1  qualifi- 
cations,         7 

officers  of  senate  and  house  of  rep- 
resentatives,         8 

quorum,  power  to  send  for  absen- 
tees,   ,.....:       8 

power  to  expel,  make  rules,  <fcc, . .       8 

journals  and  right  to  call  yeas  and 
nays  by  three  members 8 

vacancies  in  either  house  how 
filled, 8 

.senators  and  representatives  free 
of  arrest, 8 

power  to  punish  persons  not  mem- 
bers, etc., ■ 9 

doors  of  each  house  to  be  kept 
open,  except,  &c 9 

adjournment,  bills  how  originated, 
etc., 9 

compensation  of  members, 9 

eligibility  ol  members  to  offices 
created, 9 

officers  of  this  State  and  Confed- 
erate States  not  eligible, 10 

defaulters  not  eligible, 10 

first  election  for  senators  and  rep- 
resentative^, seat  of  govern- 
ment,       10 

residence  of  public  officers, 10 

judicial  department,  power  where 
vested, 10 

High  Court  of  Errors  and  Ap- 
peals how  elected,  term  of  office, 
jurisdiction, 11 

vacancies  how  filled,  qualification 
of  judges,  court,  where  held, ...     11 

first  election  terms  fixed  by  lot, . .      11 

where  judges  disqualified  to  try, 
and  others  appointed  in  such 
case,  11 

salaries  of  judges  of  high  court, .     12 

circuit  court  judge  how  elected, 
tcna?  ©tCt, ....MiMMifMtM    12 


82  INDEX. 

CONSTITUTION— qualifications,    circuits,    jurisdic- 
tion,      12 

courts  where  and  how  often  held,.     12 
judges    to    interchange    circuits, 

compensation, 12 

chancery  court,  jurisdiction,  style 

of  process,  etc., 12 

court    of    probates,    jurisdiction. 

how  elected, ....'..'.    13 

clerks  of  courts,  how  appointed,.     13 
board  of  police,  jurisdiction,clerks,    13 
qualifications  of  members  of  po- 
lice, vacancies 13 

conservators  of  the  peace, 13 

justices,  constables,  manner  of  elec- 
tion, tenure  of  office,  etc., 13 

power  of  legislature  over  inferior 

courts, 14 

attorney-general,    contested  elec 

tions, • 14 

removal  o£  judges,  officers  indicta- 
ble,      14 

executive,    term    of    office,    how 

elected, 14 

in  case  of  tie,  contested  election, .     15 

commander-in.chief, 15 

may  require  information  of  officers,     1 5 
may  convene  and  adjourn  legisla- 
ture,       15 

governor  to  give  information  to 

legislature, 16 

see  laws  executed,  pardon  offences, 

etc., 16 

commissiom  how  issued,   seal  of 

State, 16 

vacancies  how  filled, 16 

secretary  of  state  how  chosen,. . .     16 
governor  to  sign  bills  or  return 

with  objection, 16 

bills  returned  how  disposed  of . .  .     IT 
what  action  of  the  legislature  to 

be  approved  by  the  governor, . .    17 
when  office  of  governor  vacant 
!*rho  to  act,  further  provisions 
for  same IT 


INDEX.  P* 

CONSTITUTION— compensation  of  acting  governor,  17 

county  officers, 18 

treasurer  and  auditor  how  chosen,  18 
militia  officers,  how  elected,  power 

of  governor  over, ...........  18 

impeachment,  extent  of,  who  liable 

to, 18 

general  provisions,  oath  of  office,.  19 
legislature  pass  laws  to  prevent 

duelling, . . , 19 

treason,  conviction  for,  how  had, .  1 9 

bribery  at  elections  punishable, ...  19 
*                         convicts  for  bribery  to  be  excluded 

from  office, 19 

free  suffrage  how  maintained, 20 

atheist  not  to  hold  office, 20 

laws  when  to  take  effect, 20 

money,    how    drawn    from    the 

treasury, >  20 

how  appropriated  to  internal  im- 
provement,    20 

state  loans  how  effected, 20 

legislature  to  authorize  State  to  be 

sued, 21 

citizenship,  absence  from  State, . .  21 
deductions  from  salaries  of  offi- 
cers, etc., 21 

who  disqualified  from  office, 21 

schools  and  education, • .  21 

divorces,  how  obtained, 21 

election  returns,  new  counties, ...  21 

Indians  admitted  to  citizenship,. .  21 

emancipation, •  •  22 

emigrants  may  bring  slaves  with 

.them, 22 

slaves  convicted  of  crime  not  to 

be  imported, 22 

laws  may  be  passed  for  the  treat- 
ment of  slaves, • 22 

laws  may  regulate  introduction  of 

slaves, •  •  •  22 

certain  crimes  in  slaves  how  tried,  22 
constitution  how  revised,  amend- 
ed, eto., 23 

sohedule,  tights  vested,, 28 


84  INDEX. 

CONSTITUTION— suits  in  law  and  equity,  how  trans- 
ferred,       23 

laws  in  force, 23 

first  election  under  this  constitu- 
tion,      23 

how  long  officers  first  elected  to 
office, 24 

AMENDMENTS. 

regulating,   the    introduction     of 

slaves, 24 

board  of  police,  how  constituted,.     24 

powers  of  board  of  police, 25 

chancery  jurisdiction,  its  powers 

transferred, 25 

extention  of  term  of  office, 25 

additional  bond  required, 27 

time  of  holding  general  election,.     26 
in  relation   to  terms  of  office  of 

members  of  the  legislature, ....     26 
amendments  by  the  State  Conven- 
tion,       27 

ordinance  to  amend, 29 

GEOLOGICAL  SURVEY— an  act  to  suspend  the  ap- 
propriation for  the  Geological   Survey  of 

this  State  during  the  war, 72 

INCORPORATION— an  act  to  repeal  the  act  incor- 
porating the  town  of  Ocean  Springs, 51 

an  act  supplementary  to  an  act  entitled  "An 
act  to  amend  the  Charter  of  Incorporation 
of  the  Hazlehurst  Male  and  Female  Insti- 
tute,"      51 

an  act  to  incorporate  the  De  Soto   Bridge 

Company,  and  for  other  purposes, 52 

an  act  to  amend  an  act  entitled  "An  act  to 
incorporate  the  Carroll  County  Manufac- 
turing Company," 53 

an  act  to  amend  the  Charter  of  the  City  of 

Jackson, 55 

an  act  supplemental  to  "An  act  to  amend  the 

Charter  of  the  City  of  Jackson, 71 

an  act  to  incorporate  the  Marshall  County 

Manufacturing  Company, 61 

an  act  to  define  the  boundaries  of  the  town  of 
Rodney, &9 


INDEX.  85 

LAND  PATENTS — an  act  to  authorize  the  issuance 

of  Patents  for  Lands  in  certain  cases, 59 

LEVEE — an  act  to  amend  an  act  to  aid  in  repairing 
and  perfecting  the  Levee  of  the  Mississippi 
River  in  De  Soto,  Tunica.  Coahoma,  .Boli- 
var, Washington,  and  Issaquena *WSfe"" .    »»0 

an  act  to  suspend  the  collection  of  the  ten  cent  . 

Levee  tax  in  certain  coun  ties, 68 

LIQUORS — an  act  to  prohibit  the  sale  of  vinous  and 

intoxicating  liquors  in  the  town  of  Sarepta, .     40 
an  act  to  prohibit  the  sale  of  intoxicating  li- 
quors in  any  quantity  in'Beat  No.  17,  in  the 
county  of  Tippah,  and  for  otfrer  purposes,. .     56 
an  act  to  amend  an  act  to  regulate  the  sale  of 
vinous  and  spirituous  liquors  contained  in 

Chapter  20  of  the  Revised  Code, 66 

MEMORIAL— to   the    Congress  of  the    Confederate 

States 34 

MILITARY  EXEMPTIONS— an  act  to  exempt  from 
Military  duty  certain  citizens  of  Harrison 

county  during  the  present  war, 42 

MILITARY  SYSTEM— an  act  to  amend  an  ordinance 
to  regulate  the  Military  System  of  the  State 

of  Mississippi. 46 

PROBATE  COURT— an  act  to  change  the  time  of 
holding  the  Probate  Court  of  Smith  coun-    . 

ty,  ...V 48 

an  act  to  change   the  time  of  holding  the 

Probate  Court  of  Wayne  county 44 

RAILROAD  TAX — an  act  to  suspend  the  collection 
of  the  Gulf  and  Ship  Island  Railroad  tax,  and 

for  other  purposes, 36 

RELIEF— an  act  for  the  relief  of  Charles  Toney  of 

Neshoba  county,  and  for  other  purposes, .  .     37 

of  the  Sureties  of  John  M.  Girault. '. 44 

of  Joel  R,  Baugh , . . .     46 

of  J.  C.  Murray  and  J.  W.  Doak, 47 

of  Fanning  Jones, 49 

of  Benjamin  P.  Herndfcm 50 

of  Frederick  Brougher. 50 

of  William  H.  Rogers,, -     56 

of  Evelina  M.  Hanmieftt, 5£ 

of  James  H..BoN*mian>   . . 54 


86  INDEX. 

RESOLUTION— to  publish  an  ordinance, 29 

requesting  our  Representatives  in  CoDgress  to 

secure  payment  of  mail  contractors, 36 

authorizing  Col.  French  to  make  test  of  im* 

proved  cannon  ball, 37 

instructing    Board   of   Trustees   relative  to 

University, 36 

granting  leave  of  absence  to  Sam'l  M.  Meek, . .     38 

RUNAWAY  SLAVES— an  act  to  control  the  funds 
arising  from  the  sale  of  runaway  slaves  in 
Hinds  county, 43 

SCHOOL  COMMISSIONERS— an  act  to  change  the 
time  of  Election  of  School  Commissioners 
in  Green  county, 47 

SLAVES — an  act  to  punish  tampering  with  Slaves, 
and  otherwise  amend  the  Criminal  laws  of 
this  State, 67 

SLAVES,  FREE  NEGROES,  MULATTOES— an  act 
to  amend  an  act  entitled  "An  act  in  rela- 
tion to  Slaves,  Free  Negroes,  and  Mulat- 
toes," 55 

STATUTE  LAWS— an  act  to  make  the  Statute  Laws 
of  the  State  applicable  to  the  Confederate 
States, *  41 

TREASURY  NOTES— an  act  to  authorize  Sheriffs, 
Tax  Collectors,  and  State  Treasurer,  to  re- 
ceive the  Treasury  Notes  of  the  Confederate 
States  of  America  in  payment  of  taxes  and 
other  dues, 39 

TRUST  FUNDS— to  authorize  the  investment  of.. .  . .     38 

UNITED  STATES  COURTS— an  act  to  provide  for 
the  custody  and  preservation  of  the  records 
and  Judicial  proceedings  of  the  Circuit  and 
District  Courts  of  the  United  States  in  this 
State, 43 

VOLUNTEERS— an  act  to  enable  Volunteer  Com- 
panies, in  the  service  of  the  Confederate 
States,  to  draw  the  amount  due  them  under 
the  13th  section  of  an  act  approved  Feb.  10, 
I860,  entitled  "An  act  further  to  regulate 
the  Militia  and  Volunteer  System," .,;!,..     73 


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